
Glass_L2J5 
Book._y_5G. 




c^o 



SjH^'irillB 



THE SECRETARY OP THE TREASURY, 



TBAirSMITTIKS A COVISS OF THE 



Beports of the Commissioners of Land Claims, 



mmt untf Witut fflovixta. 



Si FEBRUARY 22, 1825. 

Read, and referred to the Committee on the Public Landa. 



WASHINGTON- 

X'RTNTED BY GALES & SEATOS. 
1825. 



5'io 



24 OCT 1905 



[1113 



Treasury Department, 

February 2lst, 1825. 

Sir: I have the honor to transmit a copy of a report from the 
Commissioners of Land Claims, in East Florida, dated the 1st Ja- 
nuary, 1824.* It shows the progress made by that Board in perform- 
ing the duties assigned to them by law. and contains other informa- 
tion, which may be useful to Congress when legislating on the sub- 
ject of the Florida Lands. 

1 have the honor also to transmit copies of two reports from the 
Commissioners of Land Claims in West Florida, dated the 12th 
November, and 20th January, last. 

The papers which accompanied these several reports are volumi- 
nous. Copies of them are now in preparation, and shall be trans-- 
mitted to Congress as soon as they are completed. 

I have the honor to be, 
With great respect. 

Sir, your obedient servant 



WILLIAM H. CRAWFOR0. 



3?he Honorable the Speaker 

of the House of Representatives. 

* Should be 1S25 



:s£i^ 



[Ill] 



Commissioners' Office, 

Fensacola, I2th JVovember, 1824 

Sir: In obedience to the several laws organizing the Board of 
Commissioners « for ascertaining claims and titles to land within the 
District of West Florida,'* and regulating their duties, the under- 
signed have deemed it expedient to report, at this time, all claims of 
every description. East of Pensacola, with a number of others in this 
vicinity, about which there is no difficulty or conflicting interest. The 
reasons for the adoption of this course are more fully explained in 
a letter to the Honorable Speaker of the House of Representatives, up- 
on their application for an extension of the term. We have the honor 
herewith to transmit: 

Firstf a general report upon Spanish Claims. 

Second^ a general report upon large claims. 

Thirdf a special report on claims undefined in quantity, and those 
exceeding three thousand five hundred acres, with the opinions of the 
Commissioners, numbered from 1 to 9. 

Fourthf abstracts from A to H, containing the list of claims con- 
firmed and rejected with the reasons, " for their admission and re- 
jection," together with the reports upon each class, respectively let- 
tered, and made in conformity with the laws above mentioned. All 
which is respectfully submitted. 

We have the honor to be, respectfully. 
Your obedient servants, 

SAMUEL R. OVERTON, 
JOSEPH M.WHITE, 
CRAVEN P. LUCKETT, 

The Hon. Wm. H. Crawford, 

Secretarif of the Treasury. 



[Ill] 



GENERAL REPORT UPON SPANISH CLAIMS. 

The General Regulations of Morales, dated I7th July, 1799, agree- 
ably to which, lands were almost entirely granted in West Florida, 
only provide for three descriptions of claims, viz: 1. Gratuities, 
which were conditional grants, or concessions made to *' each newly 
arrived family, possessed of the necessary qualifications to be admit- 
ted among the number of the cultivators of these Provinces." 2. Lands 
SoxD, " as demanded, to those who wish to purchase, for the price they 
shall be taxed;" and 3. Cases of Compromise, where individuals 
had occupied lands for more than ten years, and were, it is understood, 
permitted to obtain titles for the same, upon their making such claim 
known within six months from the publication of Morales' regulations 
at the different posts, and paying a just and moderate retribution into 
the Public Treasury. As the latter necessarily partakes of the char- 
acter of either a sale or gratuity , we have proposed to make a gejieral 
report upon these two classes, in order that Congress may the more 
readily understand the whole subject,not only as it relates to the titles 
•we have confirmed, but those also which are submitted to them for 
their consideration. 

L GRATUITOUS CONCESSIONS. 

These grants were made for pasturage, or upon condition that the 
grantee should clear and cultivate a portion of land within three years 
from the time at which it was dated. The tract could not be alienated 
during the above period, nor afterwards, until all the conditions at- 
tached to the grant were fulfilled. 

The first step in obtaining sl gratuitous concession, was the present- 
ment of a petition to the Sub -delegate, or authority vested with the 
power of disposing of lands. This petition was referred to the Sur- 
veyor who was required to report whether the tract solicited was va- 
cant and Royal Domain. The subject was next submitted to the Fiscal, 
or King's Attorney, whose province it was to state, whether or not 
there were any objections to a compliance with the petition. When 
those reports were found to be favorable, the Sub-delegate, &c. made 
the concession, fixed the terms, and passed the decretal order of sur- 
vey. After all which had been fulfilled and executed, it was forward- 
ed to the office of Intendancy for confirmation. Where any doubts 
existed as to the land being vacant and Royal Domain, the order of 
survey preceded the concession. There are, also, some cases, where 
the Sub-delegate made grants, without a reference to the Surveyor and. 
Fiscal, but it was understood to have been done upon his own respon- 
sibility 

In conformity with the provisions of a decree of Royal Treasury, 



8 [HIT 

dated 22d November, 1806, adopted in pursuance of an Ordinance of 
His Catholic Majesty of 30th March of same year, making gratuitous 
concessions was reserved to the Intendant, and were confined exclu- 
sivelv to the meritorious subjects of Spain. It was evidently the ob- 
ject of this decree, so far as we can collect its meaning from the title 
papers, to restrain such grants within narrow limits, and to sell as 
much land as possible, for the purpose of replenishing the exhausted 
coffers of the Crown, btrangers and foreigners, until naturalized by 
long residence, &c. were entirely excluded, as may be seen by an ex- 
amination of Morales' Regulations, and the oath imposed upon the 
petitioner. He was required to swear, that no stranger was interested 
in tlie petition, and not convey the land to any such persons at a sub- 
sequent period; that lie or she would fulfil the conditions contained in 
the Regulations of Morales of 17th July, 1799, and tliat they had re- 
ceived no anterior grant. 

The qiiantitif of land granted to each petitioner, was regulated by 
the number of his beasts to be pastured, as well as of his family capa- 
ble of cultivation; understanding tliat the concession was never to ex- 
ceed 800 arpens in superficies. This is the limit to a single gratuitous 
grant; but it is not to be inferred from this, or from the oath imposed 
by the Decree of £2d November, 1806, that an individual could ob- 
tain only one concession of this description. An additional concession 
of 800 arpens may be made to the same person, if he can prove, as re- 
quired by 13th Morales, "' that he had possessed the first during three 
years, and fulfilled all the conditions prescribed." If more were so- 
licited it was to be purchased. 

Exceptions to tlie above limit were however made in favor of Op- 
pelousas and Attacapas, where lands were mostly suited to the pur- 
poses of pasturage alone. Even in these cases the quantity to be 
obtained in a grant was governed by the same rule, and determined 
by tlie number of grantee's '^family and flocks." Here it was estab- 
lished as a general rule, that, to obtain half a league in front by the 
same measure in depth, the petitioner must be owner of "one hun- 
dred head of cattle, some horses and sheep, and two slaves," and in 
the same proportion for a larger tract, without the power of exceed- 
ing a league square. Although the article providing for the disposal 
of lands in these two sections of Louisiana are not extended to West 
Florida, yet it is clearly apparent that there are many cases there pre- 
sented, w hich are entirely within the reason of it, as in these parish- 
es, most of the country contiguous to Pensacola is only fitted to the 
purposes of pasturage and rearing of cattle, 6cc. Under these cir- 
cumstances, it is nothing but reasonable that an equal latitude should 
have been allowed as to the number of arpens granted; and such has 
been the practice on several occasions. Whenever the applicant w^as 
recommended by a large family and^mmcrous stocky the Sub-delegates 
fell; themselves authorized to depart from the general rules prescribed 
in 1st and 13th Morales, and adopt that which was provided for Op- 
pelousas and Attacapas. In consequence of the wealth and resources 
of the new settler, it is understood that the Spanish Authorities have 
sometimes conceded to the same individual several thousand arpens. 



[HI] 9 

Ey requiring that the nuniber of arpens to be granted should be 
proportioned to the petitioner's •^familij and Jlncks '^ it is apparent, 
that the object of the Spanish Governraent was to pati'onize the rear- 
ing of cattle, and the cultivation of the earth. Their policy was, to 
strengthen tlie couisti'y by allowing new settlers, and increasing their 
numbers and resources. A consequence i-esnlting from the adoption 
of this rule, and which the Spanish Government seems ahvays to have 
had in view, was, never to dispose of their domain in large tracts, 
so as to enable individuals or the subordinate officers to sell them 
again upon speculation. So much only was to be granted as was ne- 
cessary for the purposes abovemcntioned, and no more. A departure 
from the general rule, and an adoption of that in Opelou.sas and At- 
tacapas, has not been frequent in West Florida; and in these cases, it 
has occurred where the land was poor, and but a small portioji fit for 
cultivation. This power of modifying the regulations (jf M<»rales, or 
extending the articles framed for oise section of country to another, 
it is understood, has been exercised by the Intendant, as also by his 
sub-delegates, when reasons sufficiently potent existed to prove that 
the case formed an exception to the general rule. By what authority 
the sub -delegates were empowered to act on such occasions, we are 
not satisfactorily advipcds but such has been the practice, and the 
grants made have been recognized as valid. 

II. SALES. 

It is provided in the Regulations of Morales, tliat the vacant lands 
belonging to the Royal Domain were ordained to be sold by auction, 
by the law 1 5th, book 4th, of the collection of the laws of the Indies. 
The sale was to have been made as the land was demanded, with the 
intervention of the Fiscal, or King's Attorney for the board of Finan- 
ces, for the price they shall be taxed, to those who wish to purchase. 

By the decree of Royal Treasury, dated 22d November. 1806, adopt- 
ed in pursuance of an Ordinance of His Catholic Majesty, of 30th 
March of same year, tlie Public Domain was directed to be sold at 
auction, for the purpose of replenishing the exhausted coffers of the 
Spanish Treasury. The price taxed was sometimes ascertained by 
appraisers, with the intervention of the King's Attorney, which pro- 
ceedings are believed to have been within the purview of the above 
decree, as well as the 24th article of Morales' Regulations. These 
grants were also to be reported to the Intejidant, from whom complete 
titles were to be obtained. We, also, take occasion to remark, in this 
place, that grants for land sold, and those made gratuitously, were 
required to be recorded in the office of Finances. 

With regard to the quantity which could be sold to a single individ- 
ual, the same general rules seem to have been adopted as prevailed 
in gratuities. The policy of Spain was in both cases the same. It 
was the intention of the GoverHment to concede lands for pasturage 
and cultivath)n, and not as an object of speculation, as is expi*essly 
announced in the instructions of Gayoso. To prevent this amongst 



40 [111] 

individuals, as well as the subordinate authorities, and aliurc settlers 
to the country, by which it would be populated and strengthened, con- 
stituted the great aim of the Spanish regulations upon the subject of 
lands. This was the only restriction, it is believed, upon sales; and 
consequently where the grantee owned many slaves, a large family 
capable of cuUivation, and a numerous stack to be jmstured, several 
thousand arpens were sometimes disposed of to a single purchaser. 
Ramon de Lopez y singula, wlio appears to ha^e officiated as Se- 
cretary of Intcndancy at New Orleans, in the year 1800, refused ta 
sell one hundred thousand arpens of Crown lands, as solicited in a let- 
ter of Henry Peroux, Commandant at Nevv Madrid, and as set forth 
in the petition of tiie inliabitants accompanying it, upon the ground 
that the purchase was intended as a " speculation hurtful to poor peo- 
ple.'^ " It never rvas,^' he says " the intention of the King to dispose 
of the lands in such large qnanlities, and under such circumstances' " It is 
admitted by Angula, that the new regulations^ (Morales') provided 
for the sale of lands in t!)e manner referred to in Peroux's letter, but 
it was only under the previous formalities there specif ed, and with a 
reference to the ahUitij and forces of the person desirous of purchasing. 
I'he reason given for this rule, and the refusal to grant lauds in such 
large quantities, is certainly sound and incontrovertible, and is in ac- 
cordance with the spirit of the whole system of Spanish juris|nnidence 
upon the subject of lands. The reason, as stated, was, '* because itwould 
i»ot be justthat for a suiaW consideration, one or more speculators should 
make themselves masters of a great extent of lands, to the prejudice of 
others coming to settle, and who consequently find themselves di-iven 
to purchase those lands winch they might otherwise have obtained 
free from expence.'* This is a striking illustration of the rule, an4 
may be considered as entirely conclusive. 

REMARKS. 

From the above exposition of Spanish Claims, it would appear, that 
^ales and gratuities are the only kinds contemplated by the Regulations 
of Morales. There are, however, a few cases of grants, both to lands 
and lots, made expressly as a renumeration for jjubiic services. These 
are easily distinguishsd from those of every other descri}>tion. In re- 
lation to sales and gi-atuities, we shall subjoin a few additional obser- 
vations, with a view to a more correct understanding of these classes 
of claims. 

1. A Sale embraces all cases where the land has been disposed of 
at auction or by appraisement, and none others. Where the petitioner 
states, that he has sustained losses, been in the public service, and that 
the Government is in arrears to him, to constitute the grant a sale, it 
appears to us that it ought to be shewn by the evidence of title, that 
an account had been authenticated, preferred against the Government, 
and acknowledged to be just; that the land had been conceded by val- 
uation or otherw ise, as an ii^demnity or liquidation of the debt, and 
that the claim of the party had been thereby entirely extinguished. 
It is not only necessary that this should be set forthj but it skould be 



[Ill] 11 

apparent, that the losses, public services, or arrears due, constituted 
the consideration^ and not tiie inducement to make the grant. In some 
cases, where public services have been rendered, it seems to have been 
the practice to extend the grant under the Jiction of a sale, so as to in- 
clude a larger number of aipens, but the usual conditions of a gratu- 
ity ^re exacted from the claimant. 

In most cases, where there are petitions and grants, in which pub- 
lic services are stated, and acknowledged to have been rendered, los- 
ses sustained, and arrears due from the Government; yet they appear 
to have been set forth for the purpose of bringing them within the 
Decree of 22d November, 1806, as they almost invariably refer to the 
conditions contained in the Ordinance of Morales, dated I7th July, 
1799, and are subjected to all the formalities, and restrictions of ^ra- 
tuitous concessions. 

2. A Gkatuity includes all grants made upon conditions of pas- 
turage and clearing and mltivation. When there is neither a sale at 
auction, or a price taxed and fixed by appraisers, there is every reason 
for believing it a claim of this description. If a reference is express- 
ly made to the conditions contained in the Ordinance or regulations 
of Morales, of 17th July, 1799, its character as a gratuittj is estab- 
lished beyond the reacli of question. Either, or both of these features, 
identify the claim as belonging to this class. Possessing either of these 
characteristics, if losses, public services, and arrears due from "^he 
Government, are recited in the petition or grant, it is done as already 
observed, barely to prove, that the petitioner is a meritorious subject, 
and entitled to the land as contemplated by the Decree of 22d Novem- 
ber, 1 806. The public services, &c. are mentioned as the inducement^ 
and not as the consideration of the grant or concession. 

All of which is respectfully submitted by the undersigned Com;? 
niissionerg. 

SAM'L R. OVERTON, 
JOS. M. WHITE, 
CRAVEN P. LUCKETT. 



GENERAL REPORT UPON LARGE GRANTS. 

We have already shew n, that it was never the intention of the King 
of Spain to dispose of his royal domain in large ciuantities, agreeably 
to the rules prescribed to his subordinate agents in his transmarine 
provinces. The object was to populate and improve the country, so 
as to enable it to defend and protect itself in case of invasion, and the 
nde observed in relation to the quantity granted, both in sales 
and gratuities f was the number of the grantee's beasts to be pastured,, 
and of his slaves and family capable of cultivating the land. This, 
as we have formerly remarked, was intended to prevent speculation 



12 [in] 

amongst individuals, and the subordinate authorities. There are 
grants for public services, military and civiL such as exploring, and 
discovery of mines. Altliough gratuities have sometimes been ex- 
tended, under the fctiun of a sale, yetlntendant Morales, in the case 
of Santiago Coleman, declares, that all grants of this description ap- 
pertain to his Catholic Majesty. Both the intendant and sub-dele- 
gates have, in some cases, made grants of this description, but they 
were probably subject to the contiruiation of the King, &c. 

But there appears to have been anotiier species of gratuitous grants, 
differing in some particulars, from those we have already considered* 
Tliey consisted of concessions of many thousand acres, and were made 
to individuals upon the condition that a large number of families were 
to be settled thereon, within a given period, for the purpose of promo- 
ting the population and cultivation of the country. Such were the 
claims of Baron Bastrop, and Maison Rouge, in Louisiana, and pro- 
bably Areiiondos in East Fioi'ida. None have been presented to 
this board, and they do not appear to come within the purview of any 
of Morales' i-egulations. They seem to have been in the nature of 
special contracts which were made with the intendant, and in which it 
Avas .ibsoluteiy necessai-y that the assent of the Kiiig himself shduld 
be obiainCi!, to give them validity. In the case of Baron Bastrop, the 
execution of the contract was suspended until the decision of His 
Caliiolic Majesty could be obtained, and that made with Maison 
II .igc was laid before the King by Mr. Gardoque, who procured his 
approval of ail its pai-ts, with an order for its completion. There are 
otiicr large claims, the grants of which are made iimnediately by the 
King, such as those of the Duke of Alegon, De Vargas, and Count 
Punon Rostro. 

The extent of the powers of the Intendant General, and Governors, 
and Commandants of posts, the last of whom were denominated sub- 
delegates, are not perfectly iinderstood. The ordinance of Ferdi- 
nan ; 6th dated in 1754, forms the basis of all regulations upon the sub- 
ject of lands; but we have been unable to procure it. We regret the 
scarcity of our mateiials, arising from the fact, that there are very 
few who will frankly aid one's uiquiries into the municipal and polit- 
ical jurisprudence of Sj}ain, and tliat the records have beesi removed 
from the country, in viijlation of the solemn stipulation of the treaty. 
That their powers wei-e limited, is proved by reference made to the 
King in the cases of Bastrop, Maison Rouge, and many others. In 
consequence of our being at a loss for a guide in determining the ex- 
act limitation of power by which large grants were n)ade, wliere they 
are not embraced by the instructions of Gayoso, or the regulations of 
Morales, such claims sliouid be ratified with great caution, 

it is in grants of the greatest magnitude, and whose titles are 
made out witli unusual exactness, that apprehensions of fraud are to 
be most seriously entertained. The poor and limited claimant is very 
rarely found giulty of this crime. 

Tiie amount in controversy is not a sufficient inducement, and the 
conditions which he is required to perfoim, and which must be estab- 



[ 111 ] la 

iished by proof, is, in most cases, an effectual preventive of imposition. 
We would therefore respectfully suggest, that large claimants should 
be irqaired to produce the law or ordinance which authorized stich a 
grant to be made. They are bound to make out a legal or equitable 
title, and such a one as would have been recognized as valid by the 
Spanish Government. Where the power for makiiig the grant is not 
to be found in the instructions of Gayoso. or the regulations of Mo- 
rales, and the claimant is unable to produce it, it is believed then to 
become a matter of discretion with Congress, wiiether they will reject 
such claims, or, to what extent they shall be confirmed. Even in cases 
wiicre the grant purports to be a complete one, and to have received 
the ratification of the int ndant, the law or ordinance authorizing it 
to be made, ought to be produced. 

Under the Spanish Government, the intendant himself could not 
have mane a gi-ant contrary to law, which would have been regards^d; 
for it is a principle of the civil law, that all •* patents, orders, &c. 
contrary to right and law, shall not be executed; and the judges are 
directed to disregard then!.-' Had tne intendant issued such a grant, 
it would have been acting without the pale of his powers, and the er- 
ror would have been corrected. He was denominated •* a sub-delegate 
of the Kingf had no doubt special and limited powers conferred on 
liim, when acting in that subordinate capacity, and was responsible 
to him, for the fidelity of his official conduct. This principle of res- 
ponsibility in subordinate tribunals is observed and enforced in all 
Governments. 

At the expiration of his term of service, it is understood, that the 
intendant was bousid to give what was called a residentia, or an ac- 
count of his administration. This was received by a law officer, ap- 
pointed by the Crown, and was finally determined by the Couiicil of 
the Indies. On these occasions, all abuses of authoi'ity were correct- 
ed, and grievances redressed. If the intendant, Governor. &c. had 
disregarded the laws and ordinances, the appropriate remedy, it is 
believed, was administered. 

The Agents of Spain, being under the control of the law, with li- 
mited and restricted powers, any act done by them in violation of laws 
and ordinances, must, upon every principle of reasoning, be void, 
for want of power and jurisdiction, if the local authorities have mis- 
taken the laws and ordinances, or, regardless of responsibility, in 
consequence of the great distance from the parent state, have trans- 
cended their powers, such acts ai-e null and void, and they could not 
be legally executed, for the same reasons that a sheriff could not be 
justified for carrying into effect an illegal mandate. This position is 
sustained upon the ground, that there is a want of authority on the 
part of those agents, and demonstrates, that such acts are void as to 
Spain, no matter with what good faith they may have been executed. 
The United States have now a right to say upon this subject, what- 
ever Spain could have said, not what she would saij by pt>ssibiiity. 
They are entitled to all the rights which could have been exercised 
by the King of Spain. Unless the grant has been made or ratified 
by the intendant, if the claimant cannot show the law under which 



14 [111] 

it was made and it is evidently contrary to the laws and ordinances 
to which we have access, it is a fair inference, tiiat the granter ex- 
ceeded his authority, and that it was such a case, as would not have 
been approved hy tiie higher and superintending trihunals. As the 
United States have only «!tipulated to ratify all grants of a particular 
date, made by " His Catholic Majesty or his lawful authorities" in 
the Ploridas, Congress, it is conceived, can reject those which are 
not of that character, as would have been done, no doubt, by the Go- 
vernment of Spain. 

All of which is respectfully submitted by the undersigned Com- 
missioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT. 



. No. 1. 

A REPORT of a claim of John Forhes and Company, in their own 
right, and as surviving partners and successors of Panton, Leslie and 
Company, to a tract of land east of Appalachicola river, in the Dis- 
trict of West Florida; filed by Octavius Mitchell, in behalf of the 
present proprietors, commonly called '*Foibes& Co's. purchase,'' by 
title emanating from the Spanish Government, with an abstract of 
the evidence reported, in conformity to the provision of the act of 
Congress, approved May tlte 8th, 1822, entitled "An act for ascer- 
taining claims and titles to land within the territories of Florida;" 
by the undersigned commissioners, to wit: 

A copy of a letter, dated New Orleans, 21st February, 1799, 
from Governor Gayoso de Lemos, to John Forbes, (of the house of 
Panton, Leslie & Co. sympathising with tliem on account of the large 
sums of money due tlie house, from the Talapuclie Indians, and the 
little hope tliere remains of recovering the same, unless by extraordi- 
nary means: tlie most prcjbable of which would be, the purchase of 
certain lands from said Indians, within the limits of the United States; 
desires Mr. F. to gather, on this important subject, some information 
about the ultimate views of that government; from Iiis residence of 
ten years in Louisiana, and his knowledge of public transactions, is 
witness to tiie honorable conduct of said iiouse, and therepeated sacri- 
fices they have made, and are ever ready to make, to the interests of 
his Catholic Majesty; that his predecessors had, in consequence, ob- 
tained for it several vahiable mercantile privileges, which would liave 
been of much advantage to the House, but that the vicissitudes of the 
times called for new indulgendes from his majesty, that matters being 
in this state, and confidenttiiatthat House would never engage in any 
thing prejudicial to the interest of his royal master, he would not op- 



[Ill] 15 

pose any purcluise the said House might make in the Talapuche na- 
tion, north of the boundary line, betxveen his Catholic Majesty and the 
United States, thinking it the only way to he repaid for their out-stand- 
ing debts, which would otherwise be lost in the nation, and would aug- 
ment their difficulties; and that the said House had no other views than 
to sell the lands so purchased in the usual way, for the purpose of be- 
ing so repaid. Also, a copy of a certificate of the foregoin;^ original 
letter, by Andrez Fernatsdes, public Interpreter, dated Pcnsacola, 
20th November, li>806. Also, a copy of a letter from the Marquis of 
Caso Caivo, dated jMew Orleans, 4th February, 1801, to Mr. John 
Forbes, acknowledging reception of his of 19th Jaauary, which men- 
tions that the Seminole Indians had offered the house lands upon the 
River Appalachicoia, as those t!iey had formerly offered were not judg- 
ed acceptable; the letter concludes thus: '^I do not know to what to 
attribute the fallnre of the order of the Intendancy for the paynteut 
of the 17,000 dollars, relative to which I have transmitted an official 
letter, shewing the irrepas^able injury which must accrue, as welt to 
the Royal Treasury as to your house, if this affair be not settled with 
ilue brevity/' Also, a copy of a petition from James Innerarity, agent 
of the houseof Panton, Leslie & (3o. beggisig, that in consequence of 
offers made by several Chiefs of the Seminole Indians, at a meeting 
held by them on the 4th June last, to John Forbes, principal part- 
ner and director of the house, to cede to it a portion of lands occupied 
by said Indians, in the distri'ct of Appalichy and Appalachicoia, in pay- 
ment of the debt contracted, and the robberies committed by thrm in 
the store of said house, established in tlje neighborhood of St. Marks; 
he intends to send an agent to said tribe, to endeavor to procure a 
cession of a portion of said lands equivalent to the said losses. The 
petitioner shews the benefit that would result from the said cession, 
not only to the said house, but also to the Province in general, by hav' 
ing the said lands occupied by industrious people, who will be interested 
in cultivating them, and in a great measure superceding the necessity 
of having recourse to the United States^ as at present happens-, for the 
supply of His Catholic Jlajesty's troops, and even of the inhabitants of 
Pensacola and Mobile; almost all the good lands belonging to the In- 
dians. The petitioner therefore requests permission to establish a 
talk on thisb usiness with the Indians, and, upon a cession being made, 
that the same may be confirmed and secured to che said house, for it 
to dispose of them to its advantage, dated Pensacola, 5th January, 
1804. Also, a copy of Governor Folch's permission, granted on con- 
dition the lands so ceded be not disposed of without the knowledge and 
consent of the Government. Pensacola, 7th January, 1804. Also, a 
copy of a certificate of Governor Folch, stating that the Cliiefs of tha 
Seminole Nation who had signed the above, appeared before him on 
the 20th June last, and they having taken him by the hand, in sign of 
friendship, among other things said, that one of their motives for 
journeying hither, was to declare to him that they had ceded to the 
house of Panton, Leslie & Co. in consequence of the great debts they 
had contracted in that house's store, lately opened in Apalachy, and 



16' Ziiil 

the robberies they had co!ninitte{l therein, a tract of land, the limits 
ot whicli are designated in the preceding act of cession and sale; that 
they had done so with the entire ictiovvledge of the Nation, in whose 
Dame they signed it. This certificate si^jned and sealed by Folcb, 
24th June 1804. and comitersigned by his Secretary Francisco 
Morejou. Also, a copy of a certificate of Governor Folch, stating, 
that in a fall assembly of the principal Chiefs of the Tallapoosa and 
Seminole Indian Nations, held in this place 3d December instant, King 
Mauso or tlopoithle Mi*.co being chief orater, iic declared, that. v. ith 
the consentoftheirNatioMS they h.id confii-med the cession of land made 
in May last, to Fanton, Leslie 6c Co.; that they had done so in [)ay- 
ment of the debts and robberies (afoieimentioned) and had put iVir. 
James innerarity in possession of the land, as agent of said house, 
to whicli they had ceded, forever all right they formerly held in said 
lands agreeable to the tenor of the preceding ad which they Imd sign- 
ed at Achackwcithle, 22d August, 1804 This ces'titicate sij^-ned and 
sealed by Fohh, 5th December. IB04, and countersignod by Uh Se- 
cretary, Francisco Morejou. Also a copy of the act of cessjim re- 
ferred to above. Tiie preamble states tt»e heavy debts (they the sub- 
sci'ibing Chiefs of the Senjinole Nation met in junta.) (»we to the house 
of I'anton. Leslie & Co for goods supplied them and their people from 
the stoie in Apaiachy, and the robberies and depiedations they com- 
mitted un ttvo occasions on the store of said house i« Apaiachy, headed 
by William Augustus Bowies; tlie first robbery committed in January, 
1792, the second in May, 1800; and they havit)g no means uhatt-ver 
of paying said losses, except by ceding to said house a portion of the 
lands they occupy; they have determined to give, sell and cf'iW to said 
house of I'anton, Leslie & Co. by way of compensation, inc. a di.strict 
of land, of which they are at present owners and proprietors, &,c. 
contained within the following limits: leaving the Apalichicola tiiver 
5 miles above Estefulgee, the line runs through tlie hamoc of said 
River and the adjacent pine bairen, in a direction E and E. S. E. 
more than 3 miles till it meets with the principal path from Estefa- 
mulgee to the Nation; then follows said path JS. and N. N. E. eieven 
miles and a half, os* twelve miles to the spot where the path from 
Micasukey to Estafamuigee separates from the other; thence, the line 
runs along the same path of Micasuky- E. three miles and a half to a 
ravine; thence, along the satne path. E. and N. E by E. two miles 
and a lialfto another ravine thence, still ahmg the same path N E. 
and E, above a mile, till the junction with the path of Ocheesee, alias 
that of John Mealby.to Apahichy; thence, running tht same io a di- 
rection S. E about three quarters of a mile, to the Uiver I'ologie; 
thence, still ahmg the same, E. four miles and three (juarters, till the 
spot where the path of John Mealby to Apaiachy sepa: ates; thence, 
the line follows the path of Micasulo (which might more properly be 
called the path of Ocheesee to Anacheeler,) E, by W. one mile and a 
quarter, to t!te extremity of a hamoc-; thence, along the same path, N. 
E. ffin] E. N E. one mile and a h;iH" to tour iiine trees marked with 
crosses; here, leaving the path, the line runs througii the hamoc, and 



[Ill] 17 

ci^esses two ravines N. E. by E. one mile and thirty-six chains, till 
it meets with a path from Anacheela to the south,* crossing said 
path for fifty eight chains, it follows the same direction through the 
hamoc, and crosses another ravine till it meets with another path 
leading from Anacheela to Micasuky, at a distance of one measured 
mile from Anacheela, thence following said path, whose directiims 
vary between S. E. and N. E. three miles, till a spot where a path 
separates leading to the south^ leaving this last path, and still follow- 
ing the former along which we came, the line runs through it in a 
direction E. and E. N. E. a mile and a half to a ravine; thence, run- 
ning in the same path N. E. by N. one mile,till its junction with Thomp- 
son path, which comes from the N. W.; thence, following the same 
path, here called Thompson's path S. E. by S. one mile and a quarter 
till Little River; thence, following the same path N. E. by E; E. N. 
E. and E. one mile, till the spot where the path of Micasuky sepa- 
rates; thence, it follows always the same path of Thompson, S. E. by 
E. one third of a mile to a ravine; thence, always in the same path, 
in various directions between S. E. and E. N. E. two miles and a half 
to another ravine; crossing which it goes in a direction S. still along 
the same path one mile and a half to the River Ocklockney; thence, 
along the same path in various directions beween S. and E. eighteen 
miles, to the extremity of the hamoc on the River Wakhulla, where 
two pine trees are marked with crosses at one mile distance from the 
house of John Keimaire; thence, crossing the hamoc and a ravine, it 
runs S. by E. sixty-four chains; thence, S. S. E. to a pine marked with 
a cross, sixteen chains, thence, E. S. E. sixty-four chains; and thenco 
E. N. E. ninety-six chains, to the road which leads from the house of 
Keimaire to FortSt. Marks; thence it runs crossing the road forty-six 
chains, N. N. E. to the River Wakhulla, the channel of which forms 
the boundary as far as the sea to the east, in the same manner as the 
great channel of the River Appalachicolafrom its mouth to five miles 
above Estefamulgee, forms with a part of the above line the limits of the 
west, and the high seas beyond all the Islands on the coast, from the li- 
mits to the south throughout ali its course by land, except a spot one third 
of a mile adjacent to the hamoc of the River Apalachicola, which be- 
ing a thick swamp and full of water and mud, was impenetrable; the 
line is very visible, the trees being all marked. <* And by these pre- 
sents, we cede, concede, give, sell and transfer to the said house of Pan- 
ton, Leslie & Co. their heirs, executors, assigns, and administrators, 
in our name and in that of all our people, the aforesaid district of land, 
contained within the limits aforedescribed, to be by them, their heirs, 
executors, assigns, and administrators, held and possessedin full right 
and entire property, and we the undersigned Chiefs, in our name, 
and that of our heirs and descendants, in our name, and in that of 
our people of the before mentioned Seminole Nation, renounce, 
and abandon all and every right, which we have till now held or 
possessed in the said district oi" lands, to the said Panton, Leslie and 
company, theii- heirs, executors, administrators, and assigns, and 
we will maintain and defend the said Panton, Leslie and CQjnpany, 
s 



48 [lAl] 

their heirs, &c. in the Jull and complete dominion and possession of 
the aforesaid district of land, contained within the aforedescribed 
limits, at this time, by us ceded, given, bestowed, sold and trans- 
ferred, against all and whatsoever person or persons, from henceforth 
and forever. In witness whereof, we hereby sign this instrument in 
the town of Cheeskatalofa, 25th May, 1804. (Here follows the 
marks of 22 Chiefs, and the signature of William Hambly, "Inter- 
preter.") Also, a copy of the act of confirmation. It states, that 
whereas the Chiefs and principal men of the Seminole Indians, met 
at Cheeskatalofa. the 25th of May, 1804, and agreed unanimously 
to cede to the house of Fanton, Leslie and company, in compensation 
for sundry robberies, (as aforementioned,) a tract of land, bounded, 
&c. &c. and whereas an instrumunt of concession, sale, and cession, 
of the same, was, on the 25th May, aforesaid, signed by the following 
Chiefs of the said Nation; (Here follows the names of 22 Chiefs who 
signed.) And whereas on the 9.0th June, followinj™:, the same was 
ratified and declared by the said Chiefs, before Don Vincente Folch, 
Governor, 6cc. to be, their unanimous and spontaneous act, in virtue of 
which, they in their own name and that of the Seminole Nation, 
whom they represented and their descendants, renounced entirely 
in favor of Panton, Leslie and company, on account of the afore- 
mentioned motives, all their right and pretensions to the said land, 
&,c. And whereas Mr. James Innerarity, one of the partners of 
said house, has come, in virtue of said cession, personally in this 
place in the name of and representing said house, to take possession 
of said lands; and, in order to do so with more notoriety and so- 
lemnity, and that said concession may he more amply conjirmed and 
finally relieved from all altercation and despute, he has convoked a 
meeting of the Chiefs of the Lower Creeks and Seijinole Nations, 
to meet him at this place, for the aformentioned object. Be it 
therefore known, to all whom it may or doth concern tliat we, the 
undersigned Chiefs, and principal men of the Lower Creek and 
Seminole Nations, having in consequence met in full assembly at 
this place, have unanimously agreed, and by this instrument of 
writing solemnly confirm in every sense and manner, and in all its 
parts, the aforesaid donation and cession of the said lands, &c. and 
that the same may remain and be maintained, valid to Panton, Leslie 
and company, from henceforth and forever, we have this day 
solemnly ceded and granted possession of them to their partner, 
Mr. James Innerarity, deputed to that effect; and we bind and oblige 
ourselves and our descendants, to maintain and defend him and them 
in full and pacific possession of the said lands against all persons 
whatsoever, from henceforth and forever. In witness whereof, we 
set our marks: done at Achackeveithle, on the river Apalachicola, 
this 22d day of August, 18u4, in presence of William Hambly and 
Thomas Miller, Interpreters. (Here follows the marks of 33 Chiefs.) 
Also, a copy of a statement of losses, sustained by the>obberies of 
the Indians in Apalachy, on the 16th January, 1792, viz': amount of 



[Ill] 19 

inventory of goods existing on Apalachy, tst November, 1791, 
including i per cent, on sale goods - ^5,550 16 9 

Amount of invoice of 1st Nr)vember, 
1791, with 4 per cent, to cover charges 1,239 15 3 



Sold from the store from 1st Nov. 
1791. to I6tb January, 1792, by ac- 
count taken from Ihe books, by R. 
Leslie, with 4 per cent, in order to 
agree with the inventory and invoice j8564 11 8| 

Preserved since the robbers were 
expelled according to inventory taken 
16th March, by R. Leslie, with 4 per 
cent. - - - - 623 01 104 



^66,790 12 00 



In the inventory of Nov. 1791, were 
included the cattle, horses, hogs, 
poultry, negroes, &c. of which were 
preserved. 

60 head of cattle 64s. £192 

10 hogs 40s. 20 

2 doz. hens lis 3d 1 2 € 

18 horses 90s 81 

Negroes, according to in- 
ventory - - - 857 

15 old trunks, and a press 
filled with peltry, according 
to inventory - - 42 10 

Perogue. boat chalan, &c. 
per inventory - - 29 01 

All the peltry per in- 
voice - - - 1,486 12 

House furniture, do. 5 

Plate and silks, charged 
to Perryman's wife, with 4 
per cent. - - - £74 14 I 

H. Smith charged to Bar- 
net this sum, recovered ac- 
cording to day book - 135 14 8 

Omissions, &c. - - 4 03 2 



1,187 IS or 



£2,714 5 6 



214 11 11 

i- £4,116 11 



Loss in pounds sterling £2,674 01 

By amount of actual loss by the preceding statement §§2,674 1 
100 bus. corn omitted, bought between ist Nov. 

and 16th January . » - - SO 



20 [111] 

Expenses incurred at the Fort for provisions 
for Indians and others assisting us and our own living 100 

^2,804 1 



We certify that the preceding account is a true statement of 
the loss sustained by Panton; LesUe and company, from the Robber 
Bowles, and his followers. Apalachy, 24th Ju^e, 1792. 

ROBERT LESLIE, 
EDWARD FOSTKR, 
JOHN INNERARITV, 

Pensacola, West Florida, 2d June, 1799. Before me Don Vin- 
cente Folch y Juan, Governor, &c. appeared William Panton, partner 
of the house of Panton, Leslie and company, who having been duly 
sworn, declared that the preceding is a true and jast statement of 
the loss sustained by him, and his partners (at that time) John Leslie 
and Thomas Forbes, by a party of freebooting Indians, and whose 
head was the notorious William Augustus Bowles, and a number of 
the Chiefs of the villages of Cowetas, Broken Arrow, Kitchetas, 
Ufales, Chichas, and inhabitants of the point named Onsutches, 
which robbery was committed on or about 16tli January, 1792; 
and the deponent further declared. 

1792 April 27th, for 14 head of cattle more than was included in 
the statement seen and counted this day by R. Leslie, 64s per cent. 

^44 16 
For 12 horses do. do. at 90 54 

For 12 head of cattle seen at Micasuky, 64 - 12 16 

For 2 head do. seen at Burgess house, of wliich 

we have received one - - - - 6 08 

For a mare and a saddle recovered of H. Smith - 5 



^123 
Loss actually sustained this day in pound sterling 2,681 01 



^2.804 01 



That the foregoing statement was made by tlic clerks residing on 
the spot, at the time the robbery was committed, and that it was 
certified by them on the 24th June, 1792, as above; and he further 
declares, that the said sum of £ 2681 1, was really lost by him, and 
his said partners on account of the said robberies, and that no part 
thereof has since then been recovered. 

WILLIAM PANTON, 
VIN CENTE FOLCH. 

Witnesses, Matias Cervera, 
Felippe Prieto. 



[Ill] 21 

Also, a copy of a statement of the ioss sustained by the robbery 
eommitted on the store in Apalachy in May 1800, by the Indians 
under the conduct of Bovdes. 

Value of goods, houses, negroes, cattle, &c. 
existing in our possession at the time of the 
robbery, including the brig Sheerwater which 
transported them from Pensacola - - gl6,549 06| 

Expenses in repairing the Sheerwater for the 
damage done to her while in possession of 
Bowles, and his Indians - - - ^672 07 

Detention of said brig 18th May, till lith 
November. 1800, during which time it was 
either in Bowles possession, or detained at 
Pensacola for repairing its damages, 5 months 
and 24 days, at S500 per month - - 2900 

A mulatto and a negro boy belonging to 
said brig, carried off by Bowles - - 800 



4,372 or 

S20,922 051 
To deduct the value of goods and negroes 
recovered at the retaking of Fort Marks - 4,868 021 

Loss ^16,054 03 



Pensacola, West Florida, on the 25th of August, 1802, before me 
Don Vincente Folch y Juan, Governor, 8cc. and two assisting 
witnesses, appeared John Forbes, a partner of the house of Panton, 
Leslie and Co. and James Innerarity, a clerk in the same house, who 
having been duly sworn, declared that the feregoing is a true and 
just statement of the loss sustained by the bouse of Panton, Leslie and 
Co. in a robbery committed on their stores, in the month of April, 
and May, 1 800, by a party of freebooting Indians, at whose head 
was the notorious William Augustus Bowles, and a number of the 
Chiefs of the Oakfuskies, Otassies, Cowetaws, Casitas, CMckas, 
Talassess, Eanckeeches and Micasukies, and that no part of said 
loss has been since recovered. 



Witnesses, Francisco Morejotj, 

ESTAVAN FoiCH. 



JOHN FORBES, 
JAMES INNERARITY, 
VINCENTE FOLCH. 



Translation of the above documents by Andres Fernandez, public 
Interpreter. Also, a copy of a detailed statement of sums due by 
various Indian dealers, and factors of the Seminoles, to the house of 
Panton, Leslie and company, in Apalachy, till the end of the year 1 800, 
exclusive of interest, which sums never were paid, §19,157 01 

Errors and omissions excepted, 
PANTON, LESLIE & Co, 



22 L 111 J 

Also, a copy of a detailed statement of the expenses 
incurred by the house of Panton, Leslie and company, 
during, and on account of the proceedings held with 
the Indians, Seniinoles, in Pensacola, as well as in 
Apalachicola. for the cession and sale of a tract of land, 
in payment of the robberies committed on their store 
by said Indians, and other matters therein contained, 
amount .--.-. g 2,136 04| 

Errors and omissions excepted, 
PANTON, LESLIE & Co. 

Also, a copy of a recapitulation of the loss experienced by the house 
of Panton, Leslie and company, (as above detailed.) 

Amount of the robbery committed on the 
store in Apalacliy the 16th January, 1792, 
as appeared by the statement on oath of 
"Wm. Panton, before Don Vincente Folch, the 
2d of June, 1799. £2681 1; at 4s 6rf per dollar $ 11,915 06^ 

Interest on said amount at 6 per cent, yearly 
from 16th January, 1792, to 22d Aug. 1804, 
at which date the Chiefs agreed to sell and 
concede the lands to the house; 12 years 7 
months 6 days - _ _ _ 9,000 02 i 



g 20,924 GDI 



Amount of the robbery on the store in 
Apalachy, in May, 1800; as appears by the 
statement made on oath by John Forbes and 
James Innerarity, before Don Vincente Folch, 
and two assistant witnesses, the 25th August^ 
1802 - . . = _ 16,054 OS 

Interest on this sum at 6 per cent per an- 
num, from Slst May, 1800, till22d Aug. 1804 4,072 03| 

Amount of debts due by different Indian 
dealers to the store, to the end of the year 
1800, as app<»ars by the statement taken from 
the book, of said store by James Innerarity, 
resident clerk at that time in Apalarhy - 819,157 1 

Interest on this sum at 6 per cent, per an- 
num, from Slst December, 1800, till the said 
22d Aug. 1804, 3 years, 7 months and 22 
days - - . . - 4,189 



— 23,346 01 



Expenses incurred on account of the 
different Congresses held by llie Seminoles, 
relative to the cession and sale of said land, 
&c. - - „ = . 2^136 041 



g66,533 05 



Errors and omissions excepted, 

PANTON, LESLIE & Co. 



[ 111 ] 23 

Also, a copy of tlie act of ascertaining the boundary line, which 
states, that wliereas at a meeting of the Chiefs and Warriors of the 
Seminole Nations, held at Chickatalofa, the 25tli May, 1804, it was 
unanimously agreed by the same, to cede a certain portion of land 
belonging to said nation, to the house of Panton, Leslie & Co. in 
compensation for the losses, &c. the limits of which land are des- 
cribed in the instrument of writing, signed and delivered by the Kings 
and Cliiefs assembled in Junto, at Achachuveithle, on the river 
Apalachicola, the 22d of August, 1804, to the said house of Panton, 
Leslie and company, the said cession of land, was resolved, decreed 
and coniirmed, and possession given of theni in the name of the said 
Nations, to James L^nerarity, partner of said house, with a few 
variations and restrictions in the limits, to the North and East only 
added, and wliich are detailed accordingly to the best information 
about said lands, which was at that time to be had, in the instrument 
of writing, which on thai occasion they signed and delivered to James 
Jnnerarity. 

And whereas in a full Junto of said Nations, held at Pensacola, 3d 
December, 1804, the said cession was before the Governor, Don Vin- 
cente Folch, solemnly confirmed by a large concourse of Kings, 
Chiefs, and Warriors then present. And whereas it was then resolved 
to send a certain number of Chiefs to accompany Mr. James 
Innerarity, when they should think proper, for the better ascertaining 
and marking the boundary line of said cession, so as to be seen and 
distinguished by all. Be it therefore known, that we, the undersigned, 
Kings, Chiefs and Warriors, named by the aforesaid Nations, and our 
own towns, have, at the citation of Mr. James Innerarity, accom- 
panied him along said line, which we have distinctly ascertained 
according to the order of said Jnnto of Achackweithle, and Pen- 
sacola, and have marked the same in such a visible manner that it 
may be easily seen by all, and is as follows; (see limits copied in first 
and second sheet") And this line, so marked and thus described, we 
declare, in the name of our nations, to be the true boundary line of the 
land ceded in the aforementioned Junto, to the house of Panton, Leslie 
and company, and consequently the limits between our Nations and 
the white people of these parts. As such, we order that it may be by 
all our people held and respected henceforth and forever. Given at 
St. Marks, Apalachy, in presence of the Commandant of said post, 
Don Ignacio Balderas, and the subscribing witnesses, 2d August, 
1806. (Marks of eleven Chiefs;) certified by Don Ignacio Balderas. 
Interpreters, Thomas Miller, Juan Antonio Sandobal. Witnesses, 
Feiippe Prieto, Diego de Barrios, Lorenzo Vitreau. We the under- 
signed declare, that altliough we were not present at the running of 
this boundary, vve acknowledge and agree to its exactness and 
.accuracy, and therefore sign the present before the Commandant 
of this Fort, and three assistant witnesses. (4 marks of Chiefs;) 
certified by Ignacio Balderas, witnesses, Diego de Barrios. 

Also, a copy of a petition of Jo'jn Forbes, to Governor Folch, 
dated 28th November, 1806, stating that in consequence of all the 



24 [111] 

formalities of tiie cession, and ascertaining the boundaries of the 
land having been goiic through, if his Excellency finds the documents 
conformable to law, he begs that he will interpose his authority in 
due form, in order to ratify the said cession, and, making use of 
the authority which the king has conferred on him, put the petitioner in 
possession of said land in his royal name, on the conditions expressed 
in the decree of the 7th January, 1804, depositing the original 
documents in the archives of the General Government of this province, 
and giving him a summary extract of the pieces composing the same, 
to serve him at all times as a title in form. Also, a decree of 
Governor Folch, dated at Mobile, 28th November, 1806. granting 
the prayer ofthe petitioner J all whicjj foregoing documents are certified 
by Don Francisco Maximiliano de San Maxent, Political and 
Military Governor ad interim, of West Florida, to be true copies of 
the orignal proceeding, followed up by Don James Innerarity and John 
Forbes, agents of the house of Panton, Leslie and company, in order 
to obtain the confirmation of the cession of lands made by the Creek 
and Seminole Nations of Indians, in compensation for debts they had 
contracted with said house. In witness whereof the present is signed 
by me, sealed with my arms, and countersigned, (and countersigned) 
by the Secretary of this Government, at Pensacola, 20th December, 
1811. Francisco Maximo de San Maxent, Pablo de Lanie. Also, 
an original confirmation, or title in form, given by Governor Folch, 
countersigned by the Secretary of the Government, and dated Sd 
December, 1806, at Mobile, which reads in the words following, to 
wit: "Whereas Mr. James Innerarity, agent of the house of Panton, 
Leslie and company, established in the Province with royal approbation^ 
for the purpose of trading with the Indians since the year 1785, re- 
presented to me by a petition dated 5th January, 1804, that in order 
to follow up the offers made at a general Congress of the Indians, held 
in the Nation in the month of June, 1803, by several Chiefs of the 
Seminole tribe, and to John Forbes, principal partner and director in 
the said house of Panton, Leslie and company, that they would cede 
in its favor a portion of their lands, between the district of Apalachy 
and Apalachicola, in payment of the debts they had contracted, and 
the robberies committed by them on the stores of said house, establish- 
ed in the neighborhood of Fort St. Marks, declaring to me at the 
.same time, his intention of taking the necessary steps for bringing 
about the said cession, and to cultivate and to cause to be cultivated 
by industrioiis persons the land so obtained^ concluding, by beseeching 
me to grant him a permission to establish a talk, or set a negotiation 
on foot with the Indians on this business, and that his object being 
obtained, I should secure to the house the possession of the lands 
ceded, in order to dispose of them as might be found most convenient; 
and considering that the petition is not contrary to our laws nor 
infringes in any manner the right and sovereignty of our Catholic 
Monarch, (whom God preserve;) and that it being also one of the terms 
and conditions in the esiahlishment of said house, that the Government 
should facilitate J as much as possibly it could, fhc recovery of the debts^ 



C m ] 2B 

pending between the Indians and the said house, (vvliicli is also proved by 
the original letters presented to me hy the said jaaics Ijinerarity, 
written by the Brigadier Don Manuel Gayoso de Lemos. and thfe- 
Marquis de Caso Calvo, Governors General, that were of the ceded 
Province of Louisiana, in which it is to be gathered, that their 
Excellencies were willing, and gave their consent to any purchase of 
lands, that the said house might make of the Indians, with the intent 
of recoverinn" its outstanding debts, and the losses occasioned by the 
robberies committed by the adventurer William Bowles; 1 therefore 
decreed. the7th January, as follows: "Granted the petitioner's request; 
it being understood, that the land he may obtain from the Indians^ 
-cannot be disposed of without the knowledge or consent (f Government.'* 
And it resulting from the instrument of cession, tiiat the Chiefs and 
principal men of the Talapo(tsc and Seminole Nations, asseuided in 
Junto, at the town of Cliickatalofa, on the 25th M.iy 1804. who 
atiixed their marks and signed. Yahaila, Emathla WiUiam Ferryman, 
Tasahaya, Mico. Tustanagy. Chupco, Hapayoli, M^co. Cosa Mico, 
Thomas Ferryman, Taskanagy. Hopoy Hacho, Panas Miro, John 
Meally, Cacho Tustanagy, Oheles Enyha. Pawas Hacho, Iiichii 
Mico, Musquito Jack James Ferryman, Yfa Tustunagy, Talaysa 
Eniathle, Tastanagy Mico, YuhuUa Mico, Ufule Tustanagy Mico, 
Efau Ten Kinca, Halleechee, ratified the first writing in my presence 
the 20th June following, appears by my certificate of the 22d; and the 
second writing in a full assembly of tlic same Chiefs and others present 
at it, at Achachweithle, the 22d August, of the same year; co ifirmed 
in Pensacola, befoie me, the 3d December following, as appears by 
my certificate of the 5th of same month, with the marks and signatures 
which follow, of the same Chiefs" Hopoy Hacho de Totfdosee Talofa, 
great orator of the Seminoles, Hothepacio Tustanagy de Totolosee 
Talofa, Hopoy Mico de' Ockmulgeechee. Tustanagy Mico de i'lem, 
Kecknecha Thlucco de Cheeqalia, Emathle Thlucco de idem, Mico 
Nupumice de Cussita, Yahulla Emathle de Cliickatalofa, Tawkaya 
Mico de Osootchie, Ochu Tustanagy de Ochu, Yahulla Mico de 
Usulles, Albama Tustanagy deUsallis, Tasikaya Hudjo deOche^see, 
Niha Mico de Achumlga, Tustanagy Hudjo de Tochtohiethle, 
Ninnywaguchee de Tocktowheithle, Tustanagy de Palachucklie, 
Yohulla Emathle alias John Meally de Orheesee. Hopoy Hudjo, for 
Copixtses Mico de Mlcasuky, Tustanagy Hopoy, for alias, little Prince 
of Cowetas, Coweta Tustanagy de Coweta, Nicha Hodgeede.Cowetas, 
Ocheesee Mico de Y'^owallee, Hopayok Hudjo de Yawallee, Mico 
Tecocksy, alias Hatas Mico, Hopayok Mico de Tawassee, Folka 
Tustanagy de Wifalatha, Efaw Tustanagy de Micasuky. for Hcpoy 
Hadjo, Pawas Mico de Ocoleyokony. Tustanagy Chupco deEnnessee, 
Tasikaya Mico de idem, Tustanagy Chupco de Tamathle, Hall- 
eneecliir, King of Famathle, Tuskinia, Lieutenant of Chatoackchee- 
falee, sent by King Manso in his stead; and by the two Interpreters 
Thomas Miller and William Hambly; at which ratification in Pen- 
sacola, was orator King Manso alias Tlopoithle Miro, who taking 
up the discourse, declared to me, that w ith the general consent of 
4 



26 [111] 

his nations, they had confirmed the cession of lands made in May last, 
to the house of Panton, Leslie and company: the limits of wiiich, 
they liad designated with more precision in the last writing, that 
they had made said cession in payment of the robberies they had 
committed, and the debts they had contracted on and in the store of 
St. Marks, of Apalachy, and that they had given possession to 
Mr- James Innerarity, in the name of the said house of Panton, 
Leslie and company, to whom they had ceded, forever, all right 
which they formerly held in the said lands; in token of which, they 
had signed and put their marks to both writings; and as it appears 
by the accounts, statements, and recapitulations general, which are 
found in the same documents, that the robberies losses, and expenses, 
incurred by the said house, till the 3 1st October last amounts to 
66,533 dollars, five reals, and that on the part of those interested, 
fresh steps were taken to designate the limits, and that the said 
Chiefs, principal men and warriors of the Seminole Nations, 
appointed deputies to be present at said designation, and that those 
met in Junto at Fort St. Marks, of Apalachy, the 2d of August of 
this year, presided by Don Ignacio Balderas, Commandant of said 
Fort, with three assistant witnesses, Don Felippe Prieto, Don Diego 
Bai-rios, and Don Lorenzo Vitrianj and Interpreters, Thomas Miller 
and Joan Sandoval; and said Junto agreeable to the former stipula- 
tion, that a certain number of Cliiefs should accompany said James 
Innerarity, or his agent, when it should be found convenient, for the 
better ascertaining and marking the boundary line of the said cession 
of lands, so as to be visible and known to alk the said Chiefs, 
principal men, and warriors, deputed, acknowledged tliat the same 
had been done to their entire satisfaction, and declared befoi-e the 
said Don Ignacio Balderas, in the names of their Nations, and as 
deputies appointed by them, that they hatl accompanied James 
Innerarity in the line and designations of boundary in the following 
manner; (see limits and boundaries, copied in first and second sheet.) 
And this line, thus marked and described, we declare, in the name of 
our Nations, to be the true boundary of the land ceded in the afore- 
said Juntos, to the house of Panton, Leslie and company, and con- 
sequently, the limits between our Nations and the whites of these 
parts: and the said declarations being confirmed and signed, with the 
marks of the said Chiefs, which was delivered certified by the said 
Commandant, with the addition of four Chiefs of the Micasuky 
village, among whom was Capisty Mico. vulgarly called Kimache, 
and who tho' not present at the said designation of boundary, declared, 
nevertheless, that they adhered to the accuracy of the limits, and 
were agreed in what the commissioned Chiefs had done, putting in 
the same manner their marks: and Mr. John Forbes, as partner and 
director of said house, having preferred a new petition to me, begging, 
that if I found good, and cmformable to law, the documents which 
compose these proceedings, and of which I have in a summary given 
an extract, that I should interpose my authority, in due form, to ratify 
the cession of land as aforementioned, and which is pointed out by 



[Ill] 27 

the plat annexed: therefore, making use of the powers which the 
King our Lord, (whom God preserve,) has conferred upon me in his 
reyai name, I confirm and ratify to the house of Panton, Leslie and 
company, the cession of lands made by the Seminole Nation of Indians, 
in the form a;id terms above explained, and seen by the plat annexed, 
which, with the original proceedings and copy of this title, will 
remain recorded in the ©ffice of the Secretary of the Government of 
this Province^ and consequently 1 declare and impart full anddireet 
dominion to the said house of Panton, Leslie and company, of the afore- 
said land so that the said house may, as its property, enjoy, possess, 
sell and alienate, agreeable to the terms expressed in my decree of 
7tb of January, 1804, antecedently inserted; and I empower it to take 
possession, and will defend and maintain it, without prejudice to a 
third party- In witness whereof, I oj-der the present to be delivered, 
signed by my haiid, sealed with my arms, and countersigned by tlie 
underwritten Secretary of this Government Given in Mobile, 3d 
December, 1806. Vincente Folch, Francisco Morejou. Also, an 
original certificate of Pablo de Larin. Secretary of the Government, 
dated Pensacola, 20th December, 1811, stating, that the original 
proceedings relative to the cession, with the foregoing title confirmed, 
exist in tlie office of the Secretary of this Government, under his 
charge, with an authentic copy of said title, and of the whole was 
delivered a copy to the Surveyor General of this Province, Don 
Vincente Sebastian Pintado, in order to deposite in his archives, and 
another copy was at the same time given to John Innerarity, as 
representative of the interested parties. 

In support of the claim to another tract of land, lying east of the 
River Apalacliicola, and undefined in quantity, ceded to the house of 
John Forbes & Co. by the Lower Creek and Seminole nations of In- 
dians, in the year 1811, the following title papers and parole proof, 
were exhibited, to wit: 

A copy of a list of debts due by the Lower Creek Nations, to the 
house of John Forbes & Co. of Pensacola, adjusted to the 22d Jan. 

1811. Total amount Si 9. 387 4 i Pensacola, 22d Jan. 181 1. By 

power of attorney from John Forbes & Co. to John Innerarity, also, 
a copy of a certificate of Governor Folch, countersigned by Pablo de 
Lorin, Secretary of the Government, and dated 22d Jan. 1811, stat- 
ing, that in a full assembly of Chiefs of the Lower Creek and Semi- 
nole Nations, held in the Government House this day, the undersiga- 
ed Chiefs declared by the medium of their Interpreters; — James Dur- 
rosseau, resident in the Nation; Thomas Miller, on tlie part of the 
Chiefs- and Manual Gonsales of this place; that they had ceded, in the 
name and with the consent of their Nations, to the house of John 
Ferhes & Co. in payment of the debts du« to the said house by the In- 
dian dealers of the several towns of the aforesaid Lower Creeks, on 
the River Chatahoochie, the piece of land of which the limits are spe- 
cified in the act of cession, which proceeds; which acts and limits 
were read and translated in my presence by the said Interpreters, and 
they agreeing to the propriety of the same, signed, of their accord. 



J28 [1111 

the foregoing instrument In witness whereof, I give the present, 
signed hy vy hand, sealed with n.y arms, and countersigned by the 
underwritten Seo-ctary of this Government. 

VINCENTE FOLCH, 
By order of His Excellency: 

PABLO DE LARIN. 

Also, a copy of the act of cession, in the words following, to wit: 
In a Congress of the Chiefs of the I^ower Creek Nations, held in the 
village of Cuskatalofa. on the River Chatahootchie, in ilpril 1810, 
composed of the following persons; (here the names of i8 Chiefs ) 

Whereas William OasnhJy, agent of the house of John Forbes 6c Co. 
merchants in Fensacola, has shewn us a list of debts owing by the In- 
dians and dealers of the Lower Creek Nations, on the River Chata- 
liootchieand Flint, aniosuitingto the sum of Sl9,387 4§ reals of silver- 
ixiwcy; and it being nuanifest, that we have not the means of liquid- 
ating -aid debts otherwise tJian a cession of part of our lands: It has 
therefore been unanimously resolved, and by these presents, w^e re- 
solve to cede, give, grant, sell, and transfer, to said Jahn Forbes & Co. 
in paymev'.t of our aforesaid debts, a piece of land, at present occupied 
by us. and bounded as follows: (here the limits detailed.) 

A.nd whereas we, the follow ing Chiefs, liopoi Mico, Efa Mico, 
Yoholla Emathta and (kiskanuicky, are duly authorized (according 
to the customs and statutes of Indians,) by the aforesaid absent Chiefs; 
and having this <iay met in the Government House of Pensacola, in 
presence of His Excellency Yincente Foich, Governor, &c. with the 
intent of confirming the said cession of lands, having met in junto, 
according to agreement, tn validate more fully said cession, made to 
the house of John Forbes & Co, VNith Cuskanucky, ilopoi Cuskania, 
MiroNeippa, Ciiskanucky, Cluichuckany. and Coweta Mico, we have, 
in conjunction with them, resolved unanimously, and by this instru- 
ment, in our names, and in that of the tribe of Lower Creeks, we cede, 
give, grant, sell, and transfer, to the said John Forbes & Co, their 
heirs, executors, administrators, and assigns, the aforesaid piece of 
land, bnunded as aforementioned, and situated in the said Province of 
West Floi-ida, so that they and their assigns may hold and possess it 
in full dominion and propsriy And we, tlie undersigned Chiefs, in our 
ov?n name as well as in that ()f our people of the lower villages, and 
of our descendants, and of theirs, renounce positively, and make aban- 
donment of all and whatever rights which heretofore we held in the 
said piece of land, in favor of tlie aforementioned John Forbes & Co. 
and t!;eir assigns, in full and entire possession of said piece of land, 
bounded as aforesaid, now by us ceded, given, granted, sold, and trans- 
ferred, and we will defend them against all, and whatsoever persons, 
from henceforth an<l for ever more; therefore, the said Chiefs, in 
their names, and in that of all the nation of said Loner Creeks, by 
these presents, name and ronstitute Hopoi Mico, Yolnilla Eniathla, 
Efu Mice and 'I'oothia Cuskanucky, Chiefs of said Nation of Lower 
Creeks, to accompany the surveyor of the said John Forbes & Cq. 



[Ill] 29 

and designate the boundaries of the said piece of land, agreeable to 
intent ana meaning of the limits aforementioned; to mark the trees, 
and fix lawd marks, wljen it may be thought necessary, in order to 
make the boundary line visible and permanent forever. And, there- 
fore when the said boundary line shall be particularly ascertained, 
the said Chiefs Hopoi Mico, Yohulla Emathla, Efu Mico and Toothia 
Tuskanucky. are by these presents, authorized b}' us, the said Chiefs 
as-^embled in Congress, to proceed to Fort St. Marks, and communicate 
the same to the CommautSant, presenting him a plat of it in due form. 
And, finally, to give and gi'ant whatever other instrument of writ- 
ins:, in our names, and^in that of all our people of the said Lower Creek 
JNaiion, which may be deeuied necessai'y by the said John Forbes & Co. 
in presence of the said Commandant, in order that the said piece of 
land remain entirely secure to the said John Forbes & Co. their heirs, 
exeeutors, administrators, and assigns, forever, in virtue of said writ- 
ings. Given under our hands anrl geals in the Government House of 
Pensacola. 22d January, 18 il. (Here the marks of 11 Chiefs.) Inter- 
preted, signed, sealed, and delivej-ed, in the presence of, and by .James 
Durosseau, Interpreter of His Catholic Majesty, Thomas Miller, In- 
terpreter of the Chiefs, Manual Gonzales. li.terpreter of Government 
at Pensacola. Also, a copy of certifi<"ate of translation of the fore- 
going from the Eisglish, by Vincente Sebastian Pintado at the in- 
stance of John Innerarity, agent of the house of John Forbes & Co. 
dated Pensacola, 21st June, 18 ii. Also, a copy of a certificate of 
Don Marcas de Viilieis commandant of Fort St. Marks, stating that 
there appeared before him and the two subscribing witnesses, seven 
Chiefs of the Seminole Nation; (names mentioned) and after having 
given their hands in sign of frien(iship, declared that the foregoing 
signatures made by them and other Chiefs of their Nation, they ac- 
knowledged to be legitimate and true; and that the cession and sale 
contained in the present instrument Mas just and valid, having been 
made with full consent of ail the Nation; and that in its name they 
had granted and signed the same. — Fort St. Marks, 25th May, 1811, 
Marcos de Villiers, Jose Urcullo, Lorenza Yetrian. Also, a copy of 
an act of confirmation. The preamble states, that whereas, in a Con- 
gress of Chiefs of the Lower Creeks, held at Pensacola, 22d January, 
1811, it was agreed unanimously to cede to the house of John Forbes 
& Co. in payment of certain debts due it by said Nations, a piece of 
land, bounded as follows: (here a detail of the limits.) And, where- 
as, a deed of grant, sale, and cession of the same to said house, for the 
consideration aforesaid, dated the 22d January. 811. was signed by 
the following Chiefs of said Nation, then and there held, to wit: (here 
tlie names of the Chiefs) and that the said deed was confirnjcd and 
acknowledged by the said Chiefs before Don Vincente Folch, Govern- 
or, &c. to be their unanimous act and deed,&c. &c.; tlierefore. be it 
known to all whom it may concern, that we, the undersigned Chiefs 
and principal men of the Lower Creek Nation, in consequence of the 
powers conferred upon us by the aforesaid Chiefs and pi'incipal raen, 
and being met in Congress in this place, have unanimously agreed. 



»o [til] 

and by these presents do confirm, in all itfs parts, intent, and meaning, 
the said grant and cession of a piece oi" land as aforesaid, agreeable 
to the annexed plat^ tlie limits of which were designated, marked, blaz- 
ed, and measured, in our presence, and in that of the Chiefs and prin- 
cipal men of the aforesaid Lower Creek nation, wlio were present with 
BS for that purpose, viz: (here the names of 13 Chiefs.) And in order 
that the said grant and cession made by us to the said John Forbes 
& Co. may remain and be a alid henceforth and forever, we have this 
day given soleuin possession of the same to William Hambly, agent 
of spJd John Forbes & Co. who was deputed by them for that purpose. 
And by these presents, we bind and oblige ourselves and our posterity, 
to snaintain and defend them in the quiet and peaceable possession of 
the same against all persons whatsoever, henceforth and forever. In 
Avitness Vv'hereof, we have put our marks to the present with our own 
bands. Given at Prospect Bluff, Apalachicola, 22d April, 1811, (here 
the names of the Chiefs.) Signed and delivered in presence of Dan'l 
Blue, William Hambly, Edmund Doyle. Also, a copy of a certificate 
of translation of the above into Spanish, by Don Vincente Sebastian 
Pintado, at the instance of John Innerarity, to whon) a copy was given. 
Pensacola, 22d June, 1811. Also, a copy of the act ascertaining the 
boundary line. Whereas, at a Congress of Chiefs^ the Lower Creek 
Nation and Scminolcs. held at Pensacola, the 22d January, 1811, the 
Governor of West Florida being present, it was unanimouly agreed 
and resolved by said Chiefs, in the names of their respective towns 
and nations, to cede a certain portion of the lands belonging to, and 
possessed by the said nations, to the house of John Forbes &, Co. of 
Pensacola, in payment of debts owing by the dealers and Indians of 
the said Nation of I^ower Creeks on the River Chatahoochie, to the 
said house of John Forbes & Co. and their predecessors, Panton, Les- 
lie h Co. at their store at Pensacola; the limits of which, according 
to the instrument of writing, which on that occasion was signed and 
granted by them to said house, was as follows: (here a first desig- 
nation of limits.) And whereas, on the same eccasion, it was resolved 
and ordained by the said Chiefs, to order a deputation from their body 
to accompany the agents or attorneys of the said house, in order to 
run and mark the boundary line of the said land; and so to trace and 
ascertain it exactly, that in all future times there can be no doubt or 
dispute thereon: And whereas we, the undersigned Chiefs o fthe said 
Nations, were then named and deputed for said purpose: Now, there- 
fore, be it known to all, that, having been summoned by the agents of 
said house, we have verified and marked the said boundary line through- 
out all its extents and directions as follows: (hei-e a minute detail of 
the limits.) And this line, so marked and here described, we declare, 
in the name of our Nation and constituents, to be the true limits of the 
land ceded in the aforementioned Congress, to the house of John Forbes 
& Co. and consequently the boundary between our Nations and the 
whites of these parts. As such, we order it to be by all our people 
held and respected, hencefoi-th and forever. Given at St Marks, Ap- 
alachy, in presence of the Commandant of said post, Don Marcos de 



[ Hi ] Si 

Yilliers, and the undersigned assisting witnesses, .^5tk May, 1811. 
(marks of 6 Chiefs.) 

We, the undersignedjdeclare, that though we were not present at the 
designation of the boundary line, we acknowledge and agree to the 
exactness ot the same. In witness whereof, we hereby put our marks, 
in presence of the Commandant of this Fort, the Interpreters and as- 
sisting witnesses, dated as above, (marks of five Chiefs) Don Marcos 
de Viiliers, Captain and Commandant, and Sub-delegate of Royal 
Finances, of this Fort. 

I certify that, at a Congress held this day, the Chiefs and war- 
riors there met, signed the preceding act, together with Felippe Prieto 
and William Hambly, who explained to the said Chiefs tlie content* 
thereof, and the undersigned attesting viitnesses. Apalachy, 25th 
May, 1811. Marcos de Viiliers, Felippe Prieto, William Hambly, 
Urcello, Lorenzo Vetrian. Al so, a copy of a detailed account of the 
expenses incurred by the house of John Forbes & Co. during the pro- 
ceedings with the Seminole Chiefs and Indians, as well at Pensacola 
as at Apalachicola. Apalachy Fort, and other Indian towns, for the 
eession of two tracts of land, in payment of a sum of money which the 
latter owed, and of which a list is annexed. Total amount ^3492 6§ 
E. E. by power of attorney from John Forbes & Co. to John In- 
nerarity. Also, a copy of a petition from John Innerarity to Govern- 
or Folch, dated Pensacola, 7th June, 1811, begging him, inconse- 
quence of every previous formality having been observed for obtaiiung 
a cession of two pieces of land from the Lower Creek Indians, in pp^y- 
ment of certain debts the latter owed the house of John Forbes & Co» 
to interpose his authority for the ratification of said cession. Also, 
a copy of a decree of Governor Folch, as follows: 

Pensacola, 8th June, 1811. The petitioners request granted on con- 
dition the said John Forbes «^ Co. do not dispose ofj nor alienate the land 
in question, without the eoqiress consent of this Government; and, that 
the same be understood to be on the same footing with the cession for 
which a title was granted on 3d December f 1806. 

FOLCH. 

Also, an original certificate of Francisco Maximiliano de San Max- 
ent, Political and Military Governor of West Florida, (ad interim,) 
countersigned by Pablo de Larin, Secretary of the Government; and 
dated the 20th December, 1811, stating, that the foregoing pieces are 
faitlifuUy copied from the original proceedings which exist in the office 
of tiie Secretary of this Government, of which on original title has 
been given to John Innerarity as agent of the house of John Forbes 
& Co. Also, an original title of confirmation by Governor Folch, as 
follows: 

Whereas, John Innerarity, agent of the house of John Forbes & Co, 
(established in this Province,with Boy at approbation, for trading with the 
Indians since 1785,) presented me on the 7th of this month, a petition im- 
porting that, in consequence of a Congress of Chiefs, &c. of the Lowei- 
Creekj Nations of the River Flint and Chatahootchie, held in thisplace> 



n [in] 

on the 22d J auuavy last, prfcsided by me, in order to agree upon the 
manner otsatisfyivig said house ibrthesuiD of nineteen tnousantl three 
hundred and eiglity seven dollars, foisr and a half riais, owing ?j> it 
by the dealers and iuiiians of sai<l viilage, as appears by an account 
presented by the said house and wliicli is ordered to be annexid by the 
prcccedings: at which Congress wei-e present, the following Ciiiefs, 
viz: Tuskaniiecky Hopoi Coweta Mico Coweta Tiiskama. Hothepoi 
M'co, Yalui Hadjoo. Mico, Napa Tuskanocky Chachuany. Ufala 
Mico, Hapoi Mico. Y'jhuliaEniatiila, Efa MiCo. Toothia Tuska'nuc- 
ky; with James Du! osseau. Interpreter of said Indians, and Manuel 
Gonzales Interpreter of tiiis Gover-nment.; and referring to the reso- 
lutions passed in the month of April, of the preceding year 1810 in 
the village of Tuskatoioofa, they consented and agreed, as a compen- 
sation and paysnent of the aforementioned debt to the cession and 
transfer of two pieces of land, contiguous and adjacent to that which, 
in 1806, for a like reason, was ceded by the said Chiefs to the house 
of Panton, Leslie, k Co. which present act of cession was drawn out in 
the E.iglish Language, because many of said Chiefs understood 
that Language, and signed by them, and by the Interpreters, after 
having fully and circumstantially informed the said Chiefs of the 
contents of the same, and then annexed to the pi'oceedings, with its 
translations into Spanish, vmder No. 2 and 3; and the said Chiefs hav- 
ing assembled together in April last at Prospect Bluff, on the Apa- 
lachicola River, for the ratifying said cession or transfer, they ap- 
pointed deputies to assist at t!ie running out and marking of the boun- 
dary line of tliesaid land; which they executed, signing another deed, 
Avhich appears with its translation under No. 4, and 5, in which are 
to be found the names of the following Chiefs, > iz Hopoi "Vlico. Yo- 
liaila Ematfih), Capichy Mica, Hopoi Caichei, M?casuky Tuskania 
Coweta Emathla, Yohallo Hadjoe, Niony Homnghta, Tuskaouky 
Chackchneky, Tnsky Hod joe, John Mealy, and those of Daniel Blue, 
deputy surveyors, William Hanibly, Interpreter, and Edmund Doyle, 
agent of the said Jolm Forbes & Co. and the said deed legalized by the 
certificate of the commandant of Fort St. Marks of Apalachy Don 
Marcos de Villiers. before two assisting witnesses, the 25th May 
last. I ordejed it with its translation to be also annexed to said pro- 
ceedings, togetherwith the act passed before said commandant of Fort 
St. Marks, under No. 6, in which the deputation of Cliiefs. con^posed 
of Caj)itza Mico Kenace. Catha Tuskanuky. Asa Mico. Cosahtche, 
YohaHu Emathla Tulsihatcho and Nivihumatee Tustunuky. declare 
fully to have assisted the surveyor Daniel Bine, the interpreter, Wil- 
liam Hambly, and Edmund Doyle, agent of said house in running and 
marking the boundary line of said land, in order to avoid all doubts 
or difficulties, and that in no future time there may be any whatever 
they state having begun at the mouth of the river Apalachicola, and 
follovt'ing the line on the west margin, it ascer.ds the Lake Weenico, 
three miles from the entrance, which spot is known hj two cypresses 
marked with crosses, and thence, through the hamoo tlie distance of 
one chain south to a (cypress marked, liere it was found i^npracticabl©' 
to trace the line further, on account of the bad way, but it should ruB 



fill] 83 

South '72 degrees West, a supposed distance of 1280 chains, where a 
pine is marlced; thence, South, 30 degrees. West 100 chains, to where a 
pine is marked with across, on the margin a reedy marsh; thence the 
line runs hy water, one mile and a quarter. South 14 degrees W.,to the 
extreme western point of St. Vincent's or Deer Ishxnd, including tne 
whole of the Island; thence, ascending the river Apaiachicola, and be- 
ginning the line at tlie boundary of the lands formerly ceded to the 
house of Panton, Leslie, and company, running the same up the said 
river to the mouth of the creek Cosaph Chuchee, or sweet waters; 
thence, follov/ing up said creek, to its source, where a hickory is mark- 
ed with a cross; then, crossing the path by land North 79° Easi, the 
line runs the distance of 27 ciiains 85 links to a pine marked with a 
cross; thence, North 58 degrees. East 1 1 chains 47 links to a pine cros- 
sed; thence, North 65 degi'ees, East 1 8 chains 58 links, to another pine 
marked; thence. North 42 degrees East,v.6 chains and 36 links, to ano- 
ther pine marked; thence, NortJi 75 degrees East, 16 chains and 9 
links to another pine marked; thence, North 40 degrees East, 22 chains 
50 links to ano'Ler pine marked with a cross: thence, North, 60 chains 
36 links, to another pine marked; thence. North, 25 degrees East, 5 
chains, to another pine marked; thence, Nortli 35 degrees East, 24 
chains, to another pine marked; thence, North, 82 degrees East, 241 
chains, to another pine marked with a cross; here is the boundary line 
of the lands ceded to the house of Panton, Leslie, & Co. the line fol- 
lowing which runs till it crosses the river Ocklockny, and again 
runs the distance of Si miles to a pine marked; thence, South 80, 
East 32 chains to another with a cross; thence, South, 78 East, 1251 
chains 51 links, to an oak marked with across; on the west margin of 
the river St. Marks, a little distance above the spot where the same 
runs under ground; thence, tiie line runs through the thicket in the 
neighbourhood, to where the said river appears again: and thence, to 
its junction with the sea. And the Chiefs Nocosa Hopoy, Coroa 
Emathla, Tustanuky Hacho, Mico Hatcho, and Nocosa Hatcho. hav- 
ing ascertained the boundary line, approved of and consented to it, 
although they where not assisting at running it out and marking it, 
and signed it in presence of the commandant of the Fort St. Marks, 
witnesses and interpreters, as appear at the end of document No. 6. 
And the accounts having been presented of the expences attending the 
proceedings instituted, which amounts to S 3492 61 rials, I have or- 
dered it to be armexed to the proceedings under No. 7 and I made a 
decree in consequence of the above mentioned petition to the follow- 
ing effect. ^'Granted as the petitioners request, on conditions that the 
said John Forbes & Co. may not dispose of, nor alienate the land in 
question without the express consent of this Government, and that its 
concession is to be understood to be on the same footing with that for 
which a title was given on the 3d December, 1806." In consequence, 
the said John Innerarity, as agent and attorney for the house of John 
Forbes & Co. concludes his said petition, begging me to interpose my 
authority in due form, for tiie ratification of the said cession of two 
pieces trf which is designated by the surveyor general of this pro- 
5 



34 [ilil 

vince, Don Viucente Sebastian Pintado, in the figured plat made out 
by him and arniexed to the original proceedings. Wherefore, making 
use of the faculties conferred on me by our Lord the King, and in 
his royal name, I confirm and ratify to the said John Forbes & Co. 
the cession of two pieces of land, above designated, made by the Na- 
tions of Seminole Indians, or Lower Creeks, represented by itsprin- 
( ipal cliiefs, leaders, and considerable men, amply empowered, and 
I give t!iem power to enter into possession of the said lands, accord- 
ing to the directions, dimensions, and distances, contained in the figur- 
ed plat and certificate of survey, the original documents of which, with 
a copy of said plat, shall remain in the office of the Secretary of this 
Government, the said surveyor enregistering not only this title, but 
also that delivered in the year 1806, iVom the same motives, and that 
of the Island conceded to John Forbes individually, in order that 
liis archives may contain every thing concei^iing these concessions, 
and the motives from whence they originated, and I declare and im- 
part to the said house of John Forbes & Co. entire and direct iJro- 
■pertij, that, as such, they may the said lands enjoy, possess, cultivate, 
sell, or alienate, on the conditions expressed in my decree inserted in 
this title. In witness whereof, I have ordered the present to be ex| 
pedited, signed by my hand, sealed with my arms, and countersigned 
by the Secretary of this Government. Given in Pensacola, this 5tli 
June, 1811. Vincente Folch. By order of the Governor. Pahlo deLa- 
rin. Also, an original certificate of Pablo de Larin, Secretary of the 
Government, dated 21st December,- 1811, stating, that the original 
document is in <be office of the Secretary of this Government under 
his charge. Relative to the cession of land which the preceding title 
confirms, and of the whole proceedings, was made out a copy with an 
authentic copy of said title and the same delivered to the surveyor 
general of this province, Don Vincente Sebastian Pintado, to be de- 
posited in his archives; and another was also delivered to John In- 
nerarity, as attorney of tlie interested parties. Also, a copy of a 
petition of John Forbes to the Captain General of the Island of Cuba, 
and the two Floridas, dated Havana, 9th October, 181^^, in the 
words following, to wit: " May it please your Excellency: John 
Forbes, a resident in this place, partner and director in the house of 
Forbes & Co. established in the two Fioi'idas by royal permission, 
respectfully represents to your Excellency, that the said house pos- 
sessed in full property the lands which were occupied and belonged to 
the Seminole Indians, situated in the District of Apalachy and Apala- 
chicola, and which were ceded and sold by the chiefs and principal men 
of that tribe, in just payment of the debts which these had contracted, 
and the robberies they had committed on the stores belonging to his 
house, situated in the neighborhood of St. Marks; for which acquisition 
or transfer of property, it obtained the competent permission of Don 
Vincente Folch y Juan, who was the Political and Military Govern- 
or of West Florida, as is proved by the decree issued at Pensacola, 
the 7th January, 1804, and the title of confirmation delivered at Mo- 
bile, 3d December, 1806, without other restrictions than that of not 



[Ill] 35 

being able to sell or dispose of said lands without the knowledge and 
consent of Government, as your Excellency will more fully see in the 
documents annexed; particularly the Indians, Lower Creeks and Sem- 
inoles, in consideration of the important services, and particular atten- 
tion with which the house of your petitioner treated them from the year 
1785; at which period it begun its establishment, under the firm of 
Panton, Leslie & Co. transmitted to it by similar deeds, requisites, 
and formalities to the proceedings — an Island belonging to them about 
7 miles in length, and one or more in breadth, situated on the River 
Apalachicola, opposite the store or factory which then and there ex- 
isted. Also, two pieces of land adjoining to the abovementioned, 
bounded on one side by the River Appalachicola, and then by the lands 
already ceded, including the Islands as far as the creek called Sweet 
Water Creek, agreeable to the plats, which, in order to give the said 
house, full, ample, and royal possession of all the said lands, was drawn 
out by the Surveyor General of His Majesty for said Province, And 
being determined to alienate the greater part of the same in favor of Bon 
Colin Mitchelk citizen and merchant of this City, it not being in the 
power of the petitioner to cultivate them himself; and by so doing ob- 
viating the necessity of there existing waste lands of no account to the 
Royal Treasury or the public benefit; he solicits your Excellency as 
Captain General of the two Floridas, and intrusted with the high 
powers of your station, to permit him to alienate the said land upon 
the terms he has agreed upon with the said Colin Mitchell; and that 
he may agree upon hereafter with other person or persons. Havana, 
9th October, 1817. Also, a copy of a decree of the Captain General, 
as follows: — Havana, 9th October, 1817. This petition to be shewn 
to the Assessor General, that he may advise me. 

CIENFUEGOS." 

Also, a copy of the opinion of the Assessor General, as follows : 
May it please your Excellency: The lands which were occupied by In- 
dians of the Seminole tribe, lying in the district of Apalachy and 
Apalachicola, and the Island belonging to the Lower Creeks and Sem- 
inol£s, about 7 miles long, and more that a mile in breadth, together 
with two pieces of neighboring lands, having been transmitted, as they 
actually and lawfully are, in full property, a titulo one roso, to the 
house of John Forbes & Co. estaUishedin the Floridas by Royal permis- 
sion, for which acquisition a competent permission was given to Don 
Vincente Folch y Juan, who was the Political and Military Govern- 
or of West Florida; and who delivered, subsequently, titles of confirm- 
ation in favor of the purchasers. There is no obstacle to your Ex- 
cellency's making use of the powers intrusted to you, and permitting 
the alienation proposed,among which is designated Don Colin Mitchell, 
a merchant of this city, a person uniting all the qualifications neces- 
sary for obtaining them: in the instrument of transfer for appropria- 
tions of property, having to be inserted copies of said titles of confirm- 
ation, and the present opinion, if your Excellency should be in the 
same sentiments. Havana, 13th October, 1817. 

DONARDO DEL MONTE. 



36 [Hi'] 

Also, a copy ol" the decree of the Captain General, in the following 
■words: — Havana, 13th October, 1817. Agreeably to the preceding. 
oj)inion of the Assessor General, I permit t!)e alienation of the lands 
solicited by Don John Forbes, in which Don Colin Mitchell is desig- 
nated as having the grcatei- part, drawing out the Aviiting and inser- 
tions mentioned in the said opinion. 

CIENFUEGOS. 

All which documents are certified to be true copies, by Miguel Men- 
dez, first Escribano of the Government and Council, on the 26th 
March, 1819, whose signature is accredited by Jose de Galinor, Juan 
Martinez Cayetano Fontero, Notaries Public of tlie Royal College 
of Havana. Also, an original passport granted to James Innerarity, 
one of the firm of Panton, Leslie & Co. by Governor Folch, counter- 
signed by Francisco Morejou, and dated 12th July, 1804, authorizing 
him to proceed to Apalachicola with 5 negroes and a clerk, and take 
possession of, and establish a store on said tract of land. 

In addition to the foregoing title papers, the said Octavius Mitchell 
proves, by parole testimony, all the signatures of the Spanish officers 
atmexed to the said title papers. Peter Alba, Jr. being sworn, saith, 
that he was a clerk to the house of John Forbes k. Co. in the year 
1804; that James Innerarity. then a member of the firm, proceeded 
to Apalachicola with a clejk and 5 negroes, and took possession of the 
said tract of land, by virtue of a passport from Governor Folch, and 
established a store; that the said house of John Forbes & Co. and those 
claiming under it. have been in possession of the said land ever since, 
except during a short interval occasioned by Indian disturbances; but, 
the possession was resumed by them shortly after the distui'bance 
ceased; that in the fall of 1804, the Chiefs of the Nation, accompanied 
by a large number of warriors, met at Pensacola, and then ratified, in 
a public and formal manner, in presence of Governor Folch, the ces- 
sion made by them to the firm of Panton, Leslie & Co. acknowledged 
the debts due by them to the said firm, and expressed their desire to 
extinguish them, by a cession of a part of their lands; and further 
saith not. Felippe Prieto, being sworn saith, that he was the 
King's Storekeeper at the Post of St. Marks, in the year 1804; offi- 
ciated as the Private Secretary of the Commandant of the Post; and 
occasionally acted as Interpreter: that he officiated as one of the In- 
Icrpreters at the original cession made to the house of Panton, Leslie 
& Co. by the Chiefs of the Seminole Nation, and saw the said Chiefs 
sign the act of cession in the presence of the Commandant of the Post; 
that the Chiefs then acknowledged the debts by their Nations due and 
owing to the said house; and, that the negotiations were commenced 
hy permission of Governor Folch, with a view of obtaining a cession 
of lands in satisfaction of the debts. And further says, that he was 
present at the cession made to the house of John Forbes & Co. in the 
year 1811; that it was executed in the same formal manner, and for 
the same purposes pi'ior to its ratification at Pensacola. He also 
confirms the foregoing statement of Peter Alba, jr. and further saith 
not. 



[HI] 37 

OPINION OF THE COMMISSIONERS. 

The above two grants to Panton, Leslie & Co. and to John Forbes 
<& Co. on the east side of the Apalachicola River, seem to have been 
made with the same formalities, and under the same restriction or 
condition of not alienating the same without the consent of the Span- 
ish Government. Thej are both made as a remuneration for similar 
losses sustained by that liouse at different periods, and the same ques- 
tions are involved as to the validity of the titles. 

In forming an opinion upon the claims, two leading questions are 
presented to the minds of the undersigned Commissioners: 1st, were 
the Indians from whom the purchase was made in the fii-st instance 
competent to make a conveyance to lands, to be held and possessed 
''in ftiU right and entire property?" and 2d. was Governor Folch 
vested with the power to make a grant, or confirm one of this descrip- 
tion ? 

Upon the first question presented, the undersigned Commissioners 
have no hesitation in giving it as their opinion, that the Indians could 
make no conveyance vesting a fee simple. Were the contrary 
admitted, the confirmation of Governor Folch would have been super- 
fluous. The treaty of 1784 made between Spain and the Seminole 
and Tallapoose Indians, incorporates the latter as subjects of His 
Catholic Majesty, co-equal with the whites, but reserving the sove- 
reign disposal of the soil of East and West Florida in the hands of 
the Spanish authorities. This construction of the treaty is clearly 
sustained in different reports made by Surveyors and Fiscalsin West 
Florida, in which they state, that the Indians are only entitled to the 
lands occupied by their farms and villages. Being an erratic people, 
this right, as a tribe or nation is believed to have been in most cases, 
an usufructuary one, and wherever they removed, the land which they 
abandoned was subject to be granted to other settlers. As a further 
illustration of the opinion, that the Indians collectively have no fee 
simple right to land within theFloridas, Governor Masot, in the case 
of Mary Weaver, decreed that Indians had no possessions in this 
Province in conformity with the report of the Fiscal upon the claim 
of Jayme Barcelo. No line of demarkation has ever existed between 
Indian and Spanish lands; indeed no such distinction has ever been 
recognized. As a tribe or nation, the Indians, as before remarked, 
seem to have enjoyed only an usufructuary right, in which they were 
protected as long as they continued in possession of the land. As 
individuals they are believed to have held their lands in some cases 
upon the same terms as other Spanish subjects, &c. To secure then* 
in the enjoyment of these privileges, the regulations of Morales con- 
tains a special provision in their favor, declaring that when they pos- 
sess lands within the limits of the Government, they shall not in any 
manner be disturbed, but protected and supported. The possession 
here mentioned must have been of the description already noticed 
in a preceding part of tliis report. Although the lands here grant- 
ed, are stated to have been occupied by the Indians, it could only 



S8 [IH] 

have been as a Imntiiig ground, and not as farms and villages; and 
to which as a nation, they could give no title in fee simple. Gayosa, 
Governor General of Louisiana, was no doubt in possession of this 
information, and it piobably constituted the motive which induced him 
to recommend in his private letter that the purchased should be made 
in the United States. 

As to the power of Governor Folch, to make such a grant, we are 
not apprised of any lav* or ordinance by which it is v\arranted. The 
Governor himself asserts tliat he is vested with the power by the King, 
and the Assessor General of Cuba states the same fact. The per- 
mission of the Captain Genera! to dispose of the land to Mr. Mitchell, 
is also evidence in favour of the legality of its exercise. But another 
difficulty is here presented, and remains unexplained: Florida, under 
the Spanish Government, was divided into East and Yv'est, by the 
Apalachicola river, having a Governor in each, with separate and 
independent jurisdictions. If Governor Folch could have given the 
confirmation in West, we do not understand how he could do so in 
relation to lands in East Florida, as w as the fact in the case now be- 
fore us. This is not a grant for public services, although it is ac- 
knowledged, that the house of Panton, Leslie 6c Co. made sacrifices 
and were useful to the Spanish Government; but they, at the same 
time, appear to have enjoyed singular and exclusive privileges. The 
consiueration of settling cultivators upon the land, may have been an 
inducement in making the grants; but the great object evidently was 
to obtain a sale which would remunerate the house of Panton, Leslie 
& Co. and John Forbes & Co. for debts due from, and robberies com- 
mitted by the Indians. Tiie representative of these houses appears 
to consider the Spanish authorities as responsible for these losses, 
but upon what principle, we are unable to learn. There is no such ac- 
know ledgment on the part of her officers, amongst the papers filed in 
the cases before us. Gayoso, in recommending the purchase, thinks it 
the only w^ay to be repaid for their outstanding debts, which would 
otherwise be lost in the nation; " and Governor Folch states it as one 
of the conditions upon which said house was established, that the 
Government should facilitate, as much as possibly it could, the recove- 
ry of the debts pending between the Indians and the said house,*' 
Here appears to be no obligation to pay for debts, &c. but only to 
facilitate their recovery. With these facts before them, and by a re- 
ference to our general report upon large claims, Congress will be en- 
abled to decide upon the validity of these titles. 

All which is respectfully submitted by the undersigned commis- 
sioners. 

SAMUEL R. OVERTON, 
J. M. WHITE, 
CRAVEN P. LUCKETT, 



[Ill] 39 

No 2. 
A REPORT 

Of a claim of John Forbes & Company, to a tract of land west of 
the Apalachicola river, in the district of West Florida, by title ema- 
nating ft'om the Spanish Government, with an abstract of the evidence 
reported, in conformity to the provisions of the act of Congress, ap- 
proved May the 8th, 1822, entitled " An act for ascertaining claims 
and titles to land within the Territories of Florida," by tlie under- 
signed Commissioners, to wit: 

The claim of John Forbes & Company, to a tract of land, undefi- 
ned in quantity, lying west of the river Apalachicola, is founded 
on the following title papers and testimony, exhibited in support 
thereof. 

A copy of a letter from John Forbes, partner and principal of the 
house of John Forbes 6c Company, to the Captain General of Cuba, 
and the two Floridas, praying, in the words and figures foUovv-ing, to 
wit: "Excellent Sir: John Forbes, partner and principal in the house 
of John Forbes & Company, established in Pensacola, by royal license, 
for the purpose of transacting mercantile business, more especially 
with the Indians of that province, respectfully sheweth to your Ex- 
cellency, that, jduring the late warfare between the American Indians 
and the subjects of Great Britian, our interest suffered much, as well 
as in stock as in stores, effects, &c; indeed more than can be exagger- 
ated, Many slaves belonging to the company were carried off and 
concealed by the Indians, during the residence of Colonel Nichols; 
and though the Government of Pensacola, upon being made acquaint- 
ed with the fact, claimed back, their ecrvants so violently seized upon, 
it was all in Aain; they were never returned. In order to facilitate 
their restitution without the Royal Treasury, although it alone was 
and is responsible^ my house fitted out, at sundry times, and with our 
own pecuniary means, vessels for tlie sole purpose of demanding them. 
In the first which sailed for the aforesaid object, was Captain Don 
Benegno Calderon, and other officers, with a commission from Go- 
vernn»ent. Posterior to this, on two other occasions, other persons 
were commissioned, in order to avoid the withdrawing of public offi- 
cers from their duties. But all these missions failed in their object 
of procuring a restitution of the things that were robbed. The same 
house deputed Edmund Doyle and William Hambly for the same end, 
giving them considerable gratifications for their trouble and indem- 
nifying the last named for the loss which he suffered of all he pos- 
sessed. Besides all this, Woodbine induced the Indians, of whom he 
also got to be named a Chief, to carry off negroes, and we had to pro* 
secute him criminally in New Providence, which occasioned us much 
expence, without being successful; for he had the art or means of es- 
cape from the hands of justice. Thus, all the efforts and sacrifices 
made by tlie house to save the Government from these losses, have on- 
ly served to augment them. At that time of disorder and confusion. 



40 cm] 

the said liidiaiis carried off about a thousand liead of cattle belonging 
to the house, which also suffered a loss in another quarter of thirty 
eight horses and two mules; and lastly a band of the same set fire to 
the stores belonging to the house, on the Apalachicola, seizing at the 
same time upon eleven of our slaves, and all the cattle, horses, uten- 
sils, and articles there found, without leaving any tiling wliatevcr be- 
hind, and also took as prisoners Dojle and Hambly, who justly and 
reasonably claim of the house the injury and personal pi'cjudice they 
sustained by such extraordinary and unheard-of pi-oceedings. So 
many losses, including the labor of the negroes, capital and interest 
of money, which do not amount to less, on a moderate calculation, 
than one hundred thousand dollars, should be indemnified by the su- 
perior government, to which that of Pensacola is subordinate, either 
in money, or by a compensation to my house of some other equiva- 
lent. The losses are clear and positive, and on inspection of the cor- 
respondence between the Governor of the province and the Captain 
General's office, will suffice to confirm the truth of my exposition; and 
also on this subject, ample proofs can be given by the surveyor Gen- 
eral, Captain Don Vincente Sebastian Pintado, Don Francisco de 
Arroyo, of the office of the Secretary of tlie Intendancy, and other 
equally distinguished individuals, who were in Pensacola, in his Ma. 
jesty's service. Therefore, considering, on one hand, how difficult it 
is to pay me, in ready money, as ought to be the case, the hundred 
thousand dollars, to which my house is so incontestibly entitled, on 
account of the great scarcity of cash in the public coffers; and on the 
other hand, that, besides the many services our house has rendered at 
all times to his Majesty, with whose means and resources, it may be 
said the troops of the garrison have been sustained, and having still 
pending and to receive more than eight thousand dollars, we could 
augment considerably the population of the province without com- 
pensation of the aforesaid sum, if an adjudication were made in full 
property to the said house of Forbes & Co. which I represent, a tract 
or round of land, which is vacant, and which commences from the 
creek known as Sweet Water Creek, on the river Apalachicola, and 
runs directly west as far as the river Chactawhatchee. following the 
course of said river to its mouth, on the Bay of St. Rosa, then east- 
wardly. winding along the shores of said bay and the sea. to the 
boundary of the lands on the east of the Apalachicola, formerly 
ceded to our house by the Indians, and running along the western 
boundary of said land up the said river to the point of departure, j 
I am aware that this land, which for the greater part is not capable | 
of being cultivated, will not compensate for the fourth part of the sum 
which we claim, because the amount of our losses exceeds, as I have 
said, one hundred thousand dollars; but however it may be, this will | 
be an additional incentive to the loyalty and obedience which we pro- f 
fess to our sovereign, and we do not wish that his Majesty should feel 
the detriment of such a large reimbursement, contenting ourselves 
with the hope, that time and our industry may be productive of 
benefit to the said province; and augmentation to the royal patrimony. 



[Ill] 41 

Wherefore, I pray your Excellency, that, in virtue of the recom- 
mendations contained in the correspondence between the comiriand- 
ancy of Pensacola and this Government, concerning the above men- 
tioned losses; and the information which I will shortly furnish in 
proof of them, you will be pleased to adjudicate in full property to 
the house of Forbes & Co. of which I am principal, and which I rc- 
pi'esent, the tract of land above designated, according to the points 
and boundaries explained; delivering the necessary titles of posses- 
sion, with which we shall rest satisfied, content and compensated for 
the claims of losses and indemnities demanded, &c. &c, (Signed) Don 
Pedro de Antonia de A} ala, John Forbes. Also, a copy of a decree of 
the Captain General, dated Havana, 5th January, 18 18. as follows; 
*'To be shewn to the Assessor General, that he may advise that which 
corresponds. (Signed) Cienfuegos, Miguel Mendez." Also, a copy 
of notification to John Forbes, (signed) Mendez. Also, a copy of 
decree of the Captain General, dated Havana, 5th January, 1818, as 
follows. "Having been inspected, let the petitioner of the house of 
John Forbes & Co. above mentioned, be received at the Notary's 
Office, who is charged therewith, and Jet the testimony prayed for be 
taken, clothed with the usual forms, which done, let them be return- 
ed along with tiie foregoing. (Signed) Cienfugos, Del Monte, Miguel 
Mendez." Also, a copy of notification of the same to John Forbes, on 
the same day, by Miguel Mendez. Also, a copy of a decree of Ra- 
mirez, the Intendant General, dated Havana. 7th January, 1818 as 
follows: '^Letit be done withoutprejudice to this jurisdiction. (Signed) 
Ramirez, Campuro. Miguel Mendez." Also, a copy of a deposition 
in the following vords, to wit: " I went to the house of Francisco 
Gutierras de A.rrayo, former Secretary of the Intendancy of West Fio- 
ridai and now belonging to the Intendancy General Sub-delegate, 
who having taken the oath usually prescribed to tel! the truth, and 
being examined as to the tenor of the petition of John Forbes, after 
having carefully perused it, declaied, that having resided in Pensa- 
cola from February, 1806, in the discharge of his office, he could tes- 
tify as an ocular witness, that the acts alleged, for wiiich an indem- 
nity is demanded, areso certain and positive, that tio impartial person 
in that Province can refuse to acknowledge. That the losses wt-re 
enormous, not only in Pejisacola, but also in the stores which the de- 
mandant held on the rivers Apalacbicola and Perdido; that the Indians 
carried off the slaves on their establishment, concealing them during 
the residence of Colonel Nichols in that quarter, notwithstanding the 
remonstrances of the Goycinment. on the commissions given after- 
wards to Don Benigno Calderon, Captain of the Louisiana regiment, 
and other officers, as well as lo various individuals; so that, in the opi- 
nion of the deponent, there is no exaggeration in the sum of one hun- 
dred thousand dollars asked for as an indemnity for the aforesaid 
losses, comprehending more than one thousand head of cattle yokes 
of oxen, draught horses, and all the utensils and other articles which 
were taken off from the stores of Forbes, by the aforesaid Indians; 
for which, not the smallest compensation has been received by the 
. 6 



42 [lit] 

said liousp; it liavins; also been the only one in Pensacolawhich has ren- 
dered important services to the Soveieign The respondent likewise 
declared, that tiie above deposition is the whole truth, in virtue uT the 
oath; that he is fifty five years of a.a;e; that the dispositions of Jhc ia\r 
do not affect him, &c. &c (Signed) Francisco Gutierrcs dc Arroya. 
Before me Miguel Mendez." Also, a copy of another deposition, 
as follows: '• In the city of Havana, same day, month and year. I 
went to the house of Don Vincente Sebastian Pintado, his Majtsty's 
Surveyor General, who having made to me the customary oaiii. to 
say the truth; and being examined in the same manner as the preced- 
ing deponent, declared that during his residence at IVnsacola, it has 
come to his particular notice, th^t, in the various conflicts between the 
American Indians and the subjects of Great Britain, the house of 
Forbes & Co. established there by royal licence, for trading with the 
Indian tribes, suffered the most serious losses, as well in Peosacola 
as lit the I'erdido and A[)alachico!a rivers, by the aforesaid events 
and causes; and although the deponent cannot state the amount of 
these losses and injuries, he thinks they must be very considerable. 
That the said house lias lendered most imj)ortant services at all times, 
to troops* of that station, as well as to our lord the King, (ample 
proofs of which are to be found in the office of the Secietary of this 
Government.) The respondent affirms all this to be truth in \irliie 
of bis oath, &c. &c. (Signed) Vincente Sebastian Pintado. Bel'oje me 
Miguel Mendez" Also, a copy of another dejiosition as follows, to 
wit: In the city of Havana, on the same day, 1 went to the domicil 
of Don Fraticisco Guerrero, Captain in the Louisiana regiment, who, 
having made the usual oath, aiid examined as above, declared, ' that 
during his long residence in Pensacola, knew very positively, that in 
consequence of the warfare between the Ameiican Indians and his 
Britannic Majesty's subjects, that serious losses were suffered by the 
House of Forbes & Co.; that at the time Col. Nichols was in tiiat 
quarter, the same Indians carried off and concealed a number of their 
negroes; that the same happened when Woodbine made hi«nself their 
Chief, and compelled them to steal away negroes, and commit otfier 
acts of atrocity; that they carried off the quantity of cattle oxen, and 
horses specified, after destroying the stores which belonged to the 
said house, on the rivers Apalacliicola and Perdido. That, though 
sundry steps were taken by the Government in order to procure the 
restitution of the immense property of Forbes 6c Co so piliageo, no- 
thing was returned so that the house was necessitated to ciami the 
same of the Sovereign, who was responsible for them. That tliere is 
no doubt the losses sustained do amount to the sum of §100,000, 
as well by an approximate calculation, as for tin- important services 
which that boase has ever rendered to the troops of that station, and 
to our lord the King, (proof of which may be found in the Secretary's 
office of this Government.) He also attests to the truth of the above, 
&c. &c. Francisco Guerrero. Before me, Miguel Mendez" Also, 
a copy of another deposition, as follows: "In llie city of Havana, same 
day, I went to the house of Don Francisco Moralies, Captain of the 



[ 111 3 48 

Louisiana re_£?iment, who, having taken the usual oath, &c. declared, 
that having long resided in Pensacola, and chiefly during the warfare 
between the Anjerican Indians and the subjects of Great Britain, he 
well knows that the house of Forbes & Co. suffered the losses ex- 
pressed in the first of the preceding documents, &c. &c. (the rest of 
the deposition the same as the preceding ) (Signed) Francisco de 
Paulo Moralles. Before me, Miguel Mendez." Also, a copy of the 
grant or title in form, as follows: ** Havana, 10th January, 1818. 
Having inspected the above, together with the preceding documents, 
which were ordered to be sent to the assessor, by decree of the 6th 
instant— taking into consideration the merits of the case, in which 
it appears, that the house of Forbes & Co. established by royal 
permission in Pensacola, for the purpose of trading with the Indian 
tribes, claims an indemnity of ^100,000, for losses of various kinds 
sustained during the warfare between the American Indians and the 
subjects of Great Britain, and during the residence of Col. Nichols 
in that Provincej and, also, whenWoodbine. making iiimself theirChief, 
instigated them to commit all kinds of robbery; upon all which the 
necessary representations were at that time made, without effecting 
a restitution to the said house of Forbes & Co. of any of the negroes, 
animals, or other property of which they were unjustly spoiled. And, 
on the other hand, considering, that the tract of land which they ask 
for an adjudication of in payment and compensation of the aforesaid 
sum, can never equal that amount; in a Province of such small popula- 
tion, where the lands remain without cultivation, and no one turns 
his attention to improve them, according to the information which 
his Majesty's Surveyor General, Don V. S, Pintado, has received; 
but that entering into the possession of John Forbes, principal part- 
ner of said house, he will have the means of turning said tract to use^ 
by introducing colonists thereon^ and making it beneficial to the state, 
that which is at present waste and abandoned; which considerations 
moved his Majesty,. in a royal ordinance of the 10th August, 1815, to 
offer lands to those who were willing to establish themselves in the 
Island of Porto Rico, as the most advantageous mode that could be 
employed for increasing population: Therefore, his Excellency mak- 
ing use of the faculties vested in him, has granted, and by these pre- 
sents does grant the said tract of land to John Forbes & Co. under 
the points and limits designated in the first of the preceding docu- 
ments, the said house remaining without any right of claim upon the 
royal treasury for the lossts and injuries it has sustained, and with the 
value of said tract- whatever it may be, remaining compensated for every 
thing, and the demands of said house for indemnity cancelled; and the 
Governor of Pensacola, in virtue of this resolution shall put it in 
quiet and peaceable possession of said tract. His Excellency ordains 
the neci^ssary documents to be delivered to the said house, and the 
original to remain in the archives. (Signed) Cienfuegos, Del Monte, 
Miguel Mendez." Also, a copy of a petition of Don Colin Mitchell, 
agent of the house of Forbes &Co. as follows: ''Excellent sir: The house 
of Forbes k Co. of Pensacola? througli their Attorney., in this city, re- 



44 [<11] 

spertfully represents, that, in the midst of the confusion in the public 
archives of that place, occasioned by the entry of the A^nericaii army, 
they have preserved the act or original decree expedited by Don Jose 
Masot, political and Military Governor of the Province of West 
Florida in consequent e of that issued by this supreme Government 
relative to indemnity for losses claimed by their petitioners; and they 
haviug >ccasion for two co()ies of the latter, one of which to be 
annexed to the document existinja; in Pensacola, and tlie other for 
their own use, sup!)licate youi* Excellency to order the same to be 
delivered tuc (Signed) Colin Mitchell." Also a copy of a decree 
thereon, as follows: ''tiavana, 18th December, 1818, having seen by 
the foregoing docum'^nt what it expresses, let the testimony prayed 
for by the house of Forbes & Co. be given to them (Signed) 
Cienfuegos. (Countersigned) Del Monte, Miguel Mendez." Also a 
copy of the act ot possession, given by Governor Masot, as follows: 
Don Jose Masot &c. &c. Wliercas, in obedience to the ab!»ve 
superior decree of liis Excellency the Captain General of tliis 
Province, of the 10th instant, by which, as an indemnity, is con- 
cedi'd to the house of Forbes & Co. a tract of land, situated bet\\een 
the river Aj)alachicola to the East, and Choctahatchee to the \> est, 
the ocean to the bouth, and on the North by a lin^ beginning opposite 
to the ci'eek known by the name of Sweet Water creek, situated on 
the Easttrn side of Apalachicola, about tliree and a half miles North 
ot the bluff known by tlie name of Alum Blu.T, and running West 
to the Choctavvhatchee; thence, follo'AJngthe sinuosities of said iiiver 
to its mouth, on the Bay of St. Rosa, thence, winding along the 
Eastern shore of the same to the Sea the high waters of which 
forms the limits to the South, and till the line joins the limits of tlie 
land formerly acquired by the said house, on the West of the 
A;)a!achicola in front of ihe Island of St. Vincent: thence, running 
along the limits of said lands to the river Apalachicola; thence, the 
course of said river to the point of depai-ture of the line serving as the 
INotthern boundary line, opposite the aforesaid creek called Sweet 
W'atei- creek; therefme, and in obedience to the said decree of his 
Excellency of the 10th ins*;. I put the said house of Forbes & Co. in 
possession of the tract ol' land above described, and in consequence 
declare and impart to them /«/7 and direct proper hj in the said Land, so 
that they may the same enjoy possess, sell or transfer', as they may 
judge proper, &c. Pensacola, 23d January, 1818.. (Signed) Jose 
Masot. (Countersigned) Carlos Reggio. Ail which foregoing docu- 
ments are certified to be true copies by Miguei Mendez, second Ll.s- 
cribano of the Government and Cabildo, on the 19th December, 1818^ 
whose signature as such, is accredited on the same day, by Ratnoii 
Aivaez. Jose de Galinor, and Lorenzo Hodro, notaries public of the 
city of Havana. Also, an original order of ejectment, given by Go- 
vernor Callava. in the following words to wit: Don Jose M^s ot. 
Civil and Military Governor, &c. Sec, In consequence of the renew- 
ed rtpplication of John Innerarity, esq i order ard command all and 
singular person or persons, who may have occupied or established 



[HI] 45 

themselves on the lands or ten itory belone;in.s: to Mess. John Forbes & 
Co. situated and bouiuluig- hv and between the i iveisCliactahatcheaiid 
Apal.trhicola- unless b}/ special peE-mission of or agseement with the 
said Mess John Forbes h Go. that they shall definitively remove from 
the sane v\ jthin the pei emptory term of ten days after the notification 
of this order and in case of non-coinplianre within the time sjjecified, 
they will be proceeded against aecording to law. The notificatioa 
and executiorj of this order is entrusted to Mr. Jonathan Bunker and 
for the better (onfirmation theieof. it is to be tianslated into English, 
by Don Jose Ignacio C-uzat; which translation he is to extend and 
sign, in continuation of this my order Given in Pensacola, signed 
with my hand, sealed with the shield of my arms, and countersigned 
by the undersigned ecrctary of this Government, this 8th day of iJc- 
tober. 1819. (Signed) Jose Callava (Countersigned) Carlos Lleggio. 

The signatures to the transcript from Havana, and to the foregoing 
order of ejectment proven by Joseph E. Caro, by comparison of 
hand writing. (See the letters of Manuel Gayoso de Lemos and 
Marquis de Cassa Calvo, Governors General of Louisiana and 
AVest Florida. co[)ied in report number one.) 

Carlos Evans being sworn, saith that on the return of the grant 
for said tract of land, made to the house of John Forbes & Co. by 
the Captain General of the Island of Cuba and both the Floridas, 
there was a decree of Governor Masot, putting the grantees in 
possession thereof which [jossession they have held ever since; that 
a number of improvements have been made on different parts of the 
said tract, by persons claiming under the grantees; tiiat in the year 
1819, at the request of John Innerarity Governor Callava issued 
an order ejecting a number of intruders, some of whom nero 
imprisoned for disobedience of the order And further saith not. 

Desiderio Quina b'^ing sworn, saith, that he is acquainted with all 
the loregoiiig facts stated by Mr. Carlos Evans, and further saith, 
that the said house and those claiming un ier it have held actual 
possession of the said tract of land ever since the year 1818, by 
virtue of a grant from the Captain General of the Island of Cuba, 
and the two Floridas, aud a decree of possession given by Governor 
Masot, and further saith not. 

OPINION OF THE COMMISSIONERS. 

This grant, for land on the West side of the river Apalachicola, to 
the house of John Foibes ^ Co. appears to have made upon the 
same consideration with those on the East side; with this difference, 
that their is an acknowledgment of the intendant, that the royal 
Treasury was responsible to the said house for the losses sustained. 
The land lies in West Florida, and a title is made to the grantees, 
conveying a full and direct property; in this case, as in the first 
mentioned thereis no negociation with the Indiatis for a conveyance, 
although they are represented as having been guilty of the robberies 



46 c 1 1 n 

by which serious losses were sustaiijed. The reasons of this* 
diffeceiire are not understood by the undersigned Commissioners, 

'The only question to be dicided in this case is whether so large 
a j;r<int for such purposes, couid be made without a reference to the 
King as was done in relation to the claim of Bastrop and others. 
Upon t!iis poini we bi'g leave to refer to our general repoi't upon 
large claims, for an explanation of our views They are general in 
their cl'aracter, as the imiterials out of which they were formed are 
limited and impiMfett. As classes of a similar description have 
frequently been reported to Congress for their examination, they are 
believed better prepared to decide tiiem* than the undersigned 
Commissioners. They therefore respectfully submit the case to 
their determination. 

SAMUEL R. OVERTON, 
JOS. M. WHITE, 
CRAVEN P. LUCKETT. 



No. s. 

A REPORT of a claim of Fernando Yerra, to a tract of Land, con- 
taining twenty-fiu' thousand six hundred Arpens, (25,600.) lying 
north and south, east atid west, on Conecuh River, in the District 
of West Florida by title emanating fi-om the Spanish Govern- 
ment, with an abstiact of the evidence reported, in conformity to 
the provision of the act of Congress, approved May the 8th, 1822, 
entitled An Art for ascertaining claims and titles to land within 
the Territory of Florida," by the undersigned Commissioners, 
to wit : 

The claim of Fernando Yerra, to a tract of land containing 
25.600 Arj)ens, lying north and south east and west, on Conecuh 
River, is founded on the following title papers : 

An original Decree, made by xManuel (iayoso deliemos, Governor 
General of Louisiana, dated New Orleans, 1 0th February, 1799, 
commanding Carlos Trudeaux, Surveyor General, to put Fernando 
Yerra in possession of the land mentioned in tlie petition, signed and 
dated as above. 

Also, an original plat and ceitificate of survey executed by Carlos 
Tiudraux, Surveyor General, dated April 5th, 1799, reciting that 
he executed the survey for the claimant, in obedience to a decree of 
Manuel Gayoso de Lcmos, Governor Genera! of Louisiana, dated 
10th February, 1799. 

Also an origin;.! decree of concession, made to the claimant by 
Manuel Gayoso de i^emos, Govei'nor General, countersigned by An- 
dres Lopez Armesto, Secretary, dated New Orleans, ISth of May, 
1799. 

John de la Rua, being duly sworn, saith, that he never heani of 
any such man in Florida, named Fernando Yerra, or of any such 



[Ill] 47 

claim as the one now presented; and furtlier saitli, tliat lie is well 
acquainted with the signatures of the Governor General of Louisi- 
ana, Manuel Gayoso de Lemos, the Secretary Andres Lopez Aruu'b- 
to, and Governor' Vincente Folch. and that he does not believe either 
of the signatures to be gerruine: that he is also acquainted with the 
signature of Carlos Tiudeaux, and does not believe the signature 
attaclied to the certificate of survey to be his hand writing, asid fur- 
ther, that he never heard of his besng in this Province 

Williani McVoy being duly sworn, saith that he has lived in this 
pla'^e forty-two year-s, and never' knew any such man, naui'd Fer- 
narrdo Terra; that he knows ^^arlos Tr udeaux the Surveyor* Gene- 
ral, never liv' d in this Piovince; and that the signatrne to the gr'ant, 
purporting to be that of Manuel Ga\oso de Lemos, does not appear 
to be his hand writing; and further saith not. 

John Maiagosa being rluly swoin. saith. that Carlos Trudeaux, 
the Surveyor General, was not in tiiis Province until the year 1B(J5^ 
and proved the other facts stated by Wiliiani McVoy, 

OPINION OF THE COMMISSIONERS. 

It will be perceived, by the foregoing abstract of the title paper's, 
and the testicnony summoned in behalf of the United States, that the 
claim of Ferrrando Yerra, to t!ie abovementioned tract of land, will 
require but a brief opinion fr-om the undersigned Commissioner's. 
They can have no hesitation in believing, that the title papers exhi- 
bited in support of this claim are forgf d; and that Carlos rrudeaux, 
who is made to certify the survey of the tract of !nn='i, was not the 
Sur-veyor General of West Florida, at the time the grant purports to 
have been made. 

They consirlpi- the claim invalid and fraudulent, and advise a re- 
jection of it by the Congress of the United States. 

All of which is respectfully submitted. 

SAMUEL R. OVERTON, 
JOSEPH M. \^Hr\ E. 
CRAVEN P. LUuKETT. 



No. 4, 

A REPORT of a claim of Millan de la Carrera, to ten thousand 
arpens of land on the Escambia fciver*, about sixteen miles 
north of Pensacola, in the District of West Florida by title ema- 
nating from the Spanish Goverrrment, uith an abstract of the evi- 
dence r-eported, in conformity to the psdvisjon of the act of Con- 
gi-ess, approved May the Btir, 1822, entitled, " An Act for ascer- 
tainirrg claims aijd titles to Lant* within the Territories of Fhjti- 
da," by the undersigned Comnussioncrs, to wit: 

- The claim of Millan de la Carrera, to ten thousand arpens of 



48 [ Ml ] 

land, oil the EscamUfa River, about sixteen miles fi'om the City of 
Peiisacola. is foinKis d oii ihc following: title papers: 

All orij^inal petition, siajneil by Milian dc la Carrera, dated the 
4th of May, 1804, addressed to Don Vincente Folch, Governor Ge- 
neral and Sub delea;ate of the Intendmry, stating, that, sinre the 
past year, 1798, he lias liad a sawmill built to work by water situa- 
ted about fiveleaejues fi'om this to • n, and in the same place in which 
the English had formerly one constructed during the time tliey oc- 
cupied this Florida; with respect to ubirh. the owners did not pre- 
sent themselves within the term stipulated in the capitulation, at the 
conquest of tlie Province, by th'^ Spanish aims, nor within the pro- 
longation of the said term iiflcrwards accorded. 1 lie place there- 
fore remains vacant and at the disposrii of Government. Jn virtue 
of all which, he, the said Don Millan de la Carrera supplicates 
your Lordship, that in consideralioii of the srreat expense which has 
been occasioned him by the aforesaid establishment so useful to the 
sernice of the King advantageous to the inh.alntants. and en ouraging 
to the settlement, your lordship will be j)k'ased to grant him in full 
property, ten thousand arpens of superficies within tiie following 
bounds, to wit: Five thousand seven hundred and fifty arpens on 
the west side of the River Escambia, extending from Stoney Bsancli 
to a little above tiie aforesaid savmill, to be regulated by the figura- 
tive p!an herewith annexed which your petitioner has bad taken, for 
tiie sake of greater clearness ; the said quantity of iand not to inter- 
fere with an allotment of land of 300 arpens or such number as 
your lordsliip may deem pro|)er for the inhabitants employed there 
to work since the commencement of tiie undertaking; and the re- 
maining four thousand two hundred and fifty arpi'us, on the east 
side of the said River Escambia in the form fidlowing: From the 
northern and the southern extremes of tlse sj)ace figured in the plan; 
that is to say, from ihe mouth of Stoney Biancii and from the mouth 
of the Bi-anch on which stands the sawmill, draw lines running 
northeast the distance which may be necessary to in( lude the said 
number of arpens, so that sufficient timlier may be had for the supply 
of the mill and pasture for the stock, and that this useful establishment 
may at no time hereafter be prejudiced. This grant, however to 
be with the absolute exclusion of the islands great and small, situ- 
ated in the said River, within the extent petitioned for, which Isl- 
ands w ill be understood to remain vacant, and at the disposal of Go- 
vernment. The grace of all which he hopes to obtain of your 
lordship. 

Also, an original decree, made by Governor Folch, dated as be- 
fore written, stating, that, in consideration of the well known sums, 
which the petitioner has invested in the construction of the mill he 
has established, in the same place in which the English formerly 
liad one, and of the benefit which results from it to the service of the 
King. an'J the eiu ouragenient of the settlement, the grant is hereby 
made to him of the ten tiiousaud arpens of laud that he requires, 
for the purpose he has stated, and which are described in the annex- 



[HI] 49 

sd figurative plan, to be returned to him, together with his petition, 
and this decree upon it; all which documents to serve him as a form- 
al title. (Signed) Vicente Folch. 

In addition to the foregoing title papers, the said Millan de la 
Carrera j)roved, by parole testimony, the signature of Governor 
Foicli, annexed to the grant and that a mill was erected, and laige 
improvements made on the said tract of land abovementioned, about 
the year ISOO, and was a fact of public notoriety 

OPINION OF THE COMMISSIONERS. 

This is an anomalous claim, and is the only one of the kind pre- 
sented to this Board. It was made in consideration of the great ex- 
pense to which the grantee had been exposed, in building a saw-mill, 
which was acknowledged to be useful to the service of the Ring, ad- 
vantageous to the inhabitants and encouraging to the settlement- 
and such a quantity has been granted as was deemed by the Sub- 
delegate sufficient to enable the grantee to supply the mill with tim- 
ber, and to pasture his stock. No conditions are attached to it, as 
the mill had been already erected. 

For such a grant as this, we can find nothing in the regulations of 
Morales, by which it is authorized. These regulations provide only 
for sales, and for gratuities, for the purpose of pasturage and culti- 
vation. We are. notwithstanding, apprized that the Sub-delegates 
have been in the practice elsewliere, of making grants of this descrip- 
tion. The presumption is, independent of this circumstance, that 
the subordinate authorities of Spain acted within the pale of their 
powers. We are inclined to believe the claim a valid one; but of 
the correctness of this opinion, Congress will be the best judge; as 
grants like the present, have often been submitted to their considera- 
tion. If any doubts are entertaitjed, as to the power of Governor 
Folch, who made it, they may require the claimant to produce the 
law or ordinance under which he acted- or exercise a discretion to 
what extent they will give the giant confirmation. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUi:L R. OVERTON, 
JOiEPH M. WHIIE, 
CRAVEN P. LUCKETT. 



No, 5. 



A REPORT of a claim of Margarita Goquet, mother of Joseph Poll, 
to 10,000 arpents of land, at the Big Spring of Chipola, in the 
District of West Florida, the title emanating from the Spanish Go- 
vernment, with an abstract of the evidence reported, in conformity 
to the provision of the act of Congress approved 8th May, 1822, 
entitled, '* An Act for ascertaining claims and titles to land, within 



50 [111] 

the Territories of Florida," by the undersigned Commissioners, to 
wit: 

The claim of Margorita Goquet is founded on an original plat 
and certificate of survey, executed by Don Pedro Keggio, Deputy 

Surveyor General of West Florida, on the day of of 

10,000 arpents of land, at the Big Spring of Chipola. Also, an ori- 
ginal Decree of Concession, made by Don Jose Masot, Governor, 
&c. countersigned by the Assistant witnesses, Domingo Sousa. and 
Jose Cevallos, bearing date the 16th of October, 1817, made to Jo- 
seph Poll; also, an original grant by Governor Masot, countersigned 
by the same assistants and bearing date the 1 8th November, 1817. 

Joseph E Caro proved the signatures of Reggio Masot. Sousa, and 
Cevallos. Joseph Moura being sworn, saith that in the year 1817, 
he assisted in transporting hands and provisions to the tract of 
10,000 arpens of land, at the Big Spring, on Chipola, granted 
originally to Joseph Poll, in order to commence improvements and 
cultivation thereon; that, five or six months afterwards, he visited 
the same place, at which time they had built a house, and cleared 
and enclosed a large piece of ground; that Joseph Poll was the son 
of Margorita Goquet, who inherited the said tract of land at his 
death, and further saith not. 

Manuel Moura being sworn, saith, that he attended Joseph Moura 
■when he visited the said tract of land, at the aforementioned periods, 
and is acquainted with the facts stated by him; and further saith, 
that the negroes employed by said Poll, in the improvements and 
cultivation aforesaid, absconded, and of which was never recovered; 
and further saith not. 

Joseph E. Caro, sworn, proved, that the grant made to Joseph 
Poll, and presented by Margorita Goquet, is the hand-writing of 
Francisco Gomez. 

Francisco Moreria, sworn, saith, that Juan Miguel de Losada, 
left this place in the month of November, 1817, and that he acted as 
Fiscal until that date; and that afterwards Manuel Armirez succeed- 
ed him, That he thinks the title papers, in the above case, are the 
laand-writing of Francisco Gomez. 

OPINION OF THE COMMISSIONERS 

Upon the claim of Margorita Gauquet, to 10,000 arpents of land, 
at the Big Springof Chipola. Thejand claimed by the petitioner, 
is situated about fourteen miles west of the Appalachieola river, 
around the Big Spring of Chipola, and purports to have been grant- 
ed to Jose Poll, by the Governor and Sub-delegate of West Florida, 
for agricultural purposes. The title itself is an anomaly, being the 
only one, with a single exception, in West Florida in which the 
Governor has attempted to make a grant of that magnitude to an in- 
dividual claimant, for cultivation. The undersigned Commissioners 
can have no hesitation in believing that this grant would not have 
Ifeen confirmed by the superior authorities of the Spanish Govern- 



[411] 51 

ment, according to her laM-s and ordinances referred to in their gene- 
ral Report on Spanish Claims, and the Report on large Claims, to 
which a particular reference is suggested for their views of the pow- 
ers of the provincial officers of his Catholic Majesty, and the policy 
of the Government in the concession of the Domain. We cannot, 
however, dismiss this claim, with justice to the Government of the 
United States, without a few additional remarks. It is believed 
that the Chipola country, the finest part of West Florida, in which 
this claim is located, was unexplored by, and inaccessible to, the 
Sjmniards, until some time after the 24th of January, 1818, the pe- 
riod subsequent to which, no claim is valid by the 8th article of the 
Treaty. 

The grant bears date in October, 18ir. The King's Attorney, 
or Fiscal, to whom the petition was referred, appears, from the title 
papers, to be Manuel Armirtoi, who is ascertained not to have been 
appointed to that office, until J^^ovember^ 1817. All the genuine 
grants of October, are made with the concurrence and intervention 
of Juan Miguel de Losada, who is now living in Havana. It is ap- 
parent, from the foregoing that the grant is either antedated or 
forged. In addition to this, it is in the hand-writing of a young 
man, wh) is proved, by the most incontestible evideace on our re- 
cords, never to have been employed in the Government office, as an 
assistant witness or clerk, and who is also proved to have been only 
learning to write in that year, and have been unable at that time to 
have written the hand in which the title papers appear: and who is 
also proved to have written a number of grants which are ascer- 
tained to have been fabricated in 1820 and 1821. With such a com- 
bination of facts and circumstances, added to the anomalous nature 
of the claim, and the want of power in the granting authority, the 
undersigned ar^ of opinion that the claim is invalid, and ought to be 
rejected; which is respectfully submitted by the undersigned Com- 
missioners. 

SAMUEL R. OVERTON. 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT. 



No. 6. 

A REPORT of a claim to a tract of land, containing 7,500 arpens, 
at a place called Belle Fontaine, in the District of West Florida, 
by title emanating from the Spanish Government, with an abstract 
of the evidence reported, in conformity to the provision of an act 
of Congress, approved May the Bth, 1822, entitled '* An Act for 
ascertaining claims and titles to lands within the Territory of 
Florida," by the undersigned Commissioners, to wit: 

The claim of the heirs of Vincente Crespo, to 7,500 arpens of 
land, at a place called Belle Fontaine, in West Florida, about ten 



52 [Ml] 

miles from the city of Fensacola, is founded on — the petition of tl)e 
heirs of Vincente Crespo, "respectfully representing, that, soon 
after the occupation of this Province, by the Spanish authoj'ities, in 
the year 1781, the father ol'you!' petitioner obtained from Auturo 
O'Neil, then Governor and Sub delegate of West Fh)rida, a grant lor 
seven thousand five hundred arpens of land, situated at a place 
called Belle Fontaine, about ten miles from the city of Pensacola. 
That the said Crespo, the father of your petitioner, immediately af- 
ter obtaining the grant af )resa!!l, made extensive improvements on 
the said land, which lie continued to improve and cultivate for many 
years previous to his death; that owing to i\vt confusioti and irregu- 
larity which prevailed in tlie office of record of this Province, for 
many years previous to its occupation by American autliorities. all 
the official documents on which the claim of your petitioners depend, 
have been lost or destroyed. x\nd, from the unfortunate and unpro- 
tected situation of your petitioner since the death of their father, the 
said Vincente Crespo, they have been unable to obtain any document- 
ary evidence in support of their claim to the said land. But your 
petitioners are prepared to shew to your Honours the former exist- 
ence of the grant aforesaid, and that the right of the said Vincente 
Crespo and of his heirs, to the said 7,500 arpens of land, was re- 
cognized, and respected for more than twenty years by the Spanish 
Government. "Wherefore, your petitioners pray that they may ue 
confirmed in their right. 

Joseph E. Caro, being duly sworn, saith, that he has been inti- 
mate with the public archives since the month of August, 1819. and 
that he has never seen amongst them any document or evidence of 
title to the tract of 7.500 arpens of land, claimed by the heirs of 
Vincente Crespo, and fuither said not. 

Antoiue Colein, being duly sworn, saith, that, in 1807, he first vi- 
sited the tract of 7,500 arpens, claimed by the heirs of Vincente 
Crespo; that there were some horses, a large field cleared, enclosed, 
and under cultivation, and some fruit trees growing; that the im- 
provements were made at the instance of said Crespo, and he thinks, 
from their appearance, have been made a number of years; that the 
said Crespo lived there 4 or 5 years subsequent to the year 1807, 
and that the said land has been in the possession of the said Crespo, 
his heirs and agents, ever since that period. The said Crespo has 
been considered a man of wealth ever since he knew him — possessing 
some negroes, a large stock of cattle, hogs, snd some horses; that, 
when he came to this country in 1801, he sold to said Crespo 180 
head of cattle, and that he owned other cattle, and five negroes at 
the same time, together with some horses, and, in 1807, he was con- 
sidered a man of wealth: and further saith not. 

Charles Lavalle says, that, in 1803, or 4, he was upon the said 
tract of land, and saw some horses, and a large field cleared, en- 
closed, and under cultivation; that, when he saw the houses, they 
did not appear to have been built many years; that, about the year 
1803 or 4j the said Crespo was in the habit of branding from £00 to 



[Ill] 58 

280 calves, annually: and that he accompanied him to Fish River, 
when he purchased 200 head of cattle, and that some time afterwards 
the said Crespo purchased a cowpen of Panton, Leslie & Co. for 
which he paid §£0,000; and further saith not. 

Eugenio Lavalle says, that, a^out 24 years ago, he visited the 
tract of land of 7,500 arpens, at the place called Belle Fontaine, 
claimed by the heirs of Crespo, and saw a number of houses, and 
other improvements, suitable for a cowpen; that Crespo had two 
negroes there, and supposes, from the number of pens and calves, 
that there were between two and three hundred head of cattle, together 
■witfi some horses; that the improvements appeared to have been made 
some time; and further saitli not. 

Joseph Maura says, that he was upon the said tract of land more 
than 23 years ago, and has been there several times since; and saw, 
when first there, a large stock of cattle, 7 or 8 horses, and two ne- 
groes, belonging to Crespo"^ that Cre=ipo was established, and made 
improvements previous to the year 1800; and further saith not. 

John de la Rua says, that he first saw the tract of land in 1813 or 
1814; that the improvements then appeared to be very old, and con- 
sisted of some houses, and a large field cleared and enclosed, which 
seemed to have been under cultivation for some time, and has always 
understood the said land and improvement? wero the property of 
Vincente Crespo; that Colonel King now occupies the land, by per- 
mission of Madame Crespo; and further saith not. 

OPINION OF THE COMMISSIONERS 

Upon the claim of the heirs of Vincente Crespo, to seven thousand 
five hundred arpens of land: 

The petition of the claimants, in the foregoing claim, alleges the 
existence of a grant made by Auturo O'Neil, to their ancestor, for 
the abovementioned tract of land, which, by accident, or casualty, 
has been mislaid or lost. 

The rule of law, in relation to lost instruments, is too familiar, ta 
require any thing more than a reference to it. 

The claimants, in the above case, do not prove that there was a 
grant for anv quantity of land; the witnesses summoned by them tes- 
tify to improvements only, which might have been made on the lands 
of the Royal domain. 

There being no evidence of any title given by His Catholic Majes- 
ty, or his lawful authorities, the undersigned Commissioners are of 
opinion, that the claim is invalid, and advise a rejection of it by the 
Congress of the United States. 

All of which is respectfully submitted, 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT. 



54 [ ili 3 

No. r. 

A REPORT 

Of a claim of Francisco Zurima, to a tract of land containing 
5,760 arpens, (five thousand seven hundred and sixty) lying on the 
north side of Escambia river, in the district of West Fiorida- by title 
emanaSing from the Spanish Government, with an abstract of the 
ev jence reported, in conformity to the pi-ovision of the act of Con- 
gj - -s, approved May the 8th, 1822, entitled *• An act for ascertain- 
ing claims and titles to land within the territory of Florida," by the 
undersigned Commissioners, to wit: 

The claim of Fr-ancisco Zurima to a tract of land containing 5760 
arpen-i, lying on the northern side of Escambia river, is founded on 
the following title papers. 

An origiiia! decree made by Manuel Gayoso de Lemos, Governor 
General of Louisiana, dated New Orleans, I5tb July. 1799, com- 
manding the Surveyor General or bis deputy, to survey and put the 
petitioner in possession of one square league of land, as he solicits, at 
the place mentioned in said petition, being vacant, and without in- 
terfering with a third person drawing a figured plat of the same, and 
fio done, to be remitted to him, in order to grant the petitioner the 
title in form| signed and dated as above. 

Also an original plat and certificate of survey, executed by Car- 
los Trodeaux, Surveyor Genera!, dated 4th of September, 1799, re- 
citing that he executed the suivey for the claimant, in obedience to a 
decree of Manuel Gayoso de Lemos, Governor General of Louisiana^ 
dated New Orleans, 15th July, 1799- 

Also, an original decree of concession made to the claimant by Ma- 
nuel Gayoso de Lemos, Governor General, countersigned by An- 
dres Lopez Armesto, Secretary, dated New Orleans, 10th of Oct. 1799. 

John de la Eua being duly sworn, saith, that he never heard of 
any such man in Florida^ named Francisco Zurima, or of any such 
claim as the one now presented^ and further saith, that he is well ac- 
quainted with the signature of the Governor General of Louisiana^ 
Manuel Gayoso de Lemos, and the Secretary Andres Lopez Armestoj 
and that he does not believe either of the signatures attached to the 
grant to be genuine. That he is also acquainted with the signature 
attached to the certificate of survey, signed Carlos Trudeaux, and 
does not believe the signature to be his hand writing; and further, 
that he never heard of his being in this Province; and further saith 
not. 

William McVoy being duly sworn, saith, that he has lived in this 
place forty-twoyears, and never knew anyisuch man named Francisco 
Zurima; that he knows Carlos Trudeaux, the Surveyor General,never 
lived in this Province, and that the signature affixed to the grant pur- 
porting to be that of Manuel Gayoso de Lemos does not appear to be 
his hand writing; and further saith not. 

John Maiagosa, being duly sw^orn, proved the above facts, and fur- 
ther saith, that Carlos Trudeaux the Surveyor General, was not in 
this place until the year 1803; and further saith not. 



[Ml] 55 

OPINION OF THE COMMISSIONEES. 

It will be perceived by tbe foregoing abstract of the title papers, 
and the testimony summoned in behalf of the United States, tliat the 
claim of Francisco Ziirima to the above mentioned tract of land 
will require but a brief opinion from the undersigned Commissioners; 
they can have no hesitation in believing that the title papers exhibit- 
ed in support of this claim are forged; and that Carlos Trudeaux, 
who is made to certify the survey of the tract of land, was not the 
Surveyor General of West Florida at the time the grant purports to 
have been made. 

They consider the claim invalid and fraudulent, and advise a re- 
jection of it by the Congress of the United States. 

All which is respectfully submitted. 

SAM'L R. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT. 



No. 8. 
A REPORT 

Of a claim to a tract of land of five thousand arpens, known vul- 
garly by the name of Garzon's Point, situated about six and a half 
miles E. N. E. from the city of Pcnsacola, in the district of West 
Florida, by title emanating from the Spanish Government; with an 
abstract of thb evidence reported, in conformity to the provision 
ef the act of Congress, approved May the 8th, 1822, entitled "An 
act for ascertaining claims and titles to lands within the territory of 
Florida," by the undersigned Commissioners, to wit: 

The claim of Joseph Bonifery, to a tract of five thousand arpens of 
laiid, is founded on the following title papers. 

A copy of a plat and certificate of survey, executed by Vincente 
Sebastian Pintado, Surveyor General, dated Havanah,the 7th day of 
May, 1818, stating, that Maria Garzon. Indian of the Tallapoosaw 
or Creek nation, and widow of Antonio Garzon, Interpreter to the 
Indians at Pensacola, having petitioned the Governor of West Florida, 
the twentieth of February, 1817, and fully proved her right to the 
land known vulgarly by the name of Garzon's Point, which Count de 
Galvez had permitted her deceased husband to occupy and possess in 
consideration of his good services, and which they occupied and pos- 
sessed quietly for more than thirty years without interruption; he ap- 
plied to the Intendant, Don Alexander Ramirez, for a formal title. 
And his Excellency having seen the contents of a second petition of 
21st November last; the opinions of the Ministers, of the 24th No- 
vember; and that of the Fiscal of 23d January of this year, he or(iered 



56 C 111] 

a survey to he made of the said land, which is situated sis and a half 
miles E. N. E. from Pensacola, in its nearest piirt, and 280 perclies 
S.i. S. E. from the mouth of Front ci-eck, forming a peninsula or 
tonj^ue of land, bounded on the r>.orth l>y Manuel Flermandez's tract, 
otiier vacant lands, and those submitted for by Jose Bonfery; on the 
south and east by the bay of Sn. Mairy of Galvez at its entrance; and 
on the west by the bay of Pensacola; as more fully appear by annex- 
ed plat And according to the extension which without prejudice to 
a third, could be given to said land, and v/hich was probably the very 
same assigned to the said Garzon, it contains of good middling and 
bad quality about 5000 acres, the locality not permitting the measure- 
ment with geometrical precision of all its sinuosities, without im ur- 
ring to the party expense wliich slie couhl not support, especially as 
exactness is not absolutely necessary, the limits on the borders of the 
said neighbors, being well defined. The wliole with exclusion of a 
strip of land, which is to be free for a public road on the border of 
the two bays, and which, if necessary, must be seventy feet wide. 

Also, an original grant or title in form made to Maria Garzon, 
widow of Antonio Garzon, deceased, by the Intendant, Alexander 
Ramirez, countersigned by Pedro Carambot, Secretary of War. dat- 
ed Havana, 16th May. 1818, reciting, that the said Maria Garzon 
presented a petition on the 25th October last, addressed to tlie Intend- 
ant of Havana, with the annexed authenticated copy of the proceed- 
ings, instituted before Governor Masot, in the year 1817, in which 
the said Maria Garzon proved that the said Antonio Garzon 
was in possession of the said tract of land better than thirty years, 
"which tract of land the said Garxion obtained by a decree of Brigadier 
Jinturo O^JYiel, Governor General of the Province of West Florida; rat- 
ified and confirmed by his Excellency Count de Galvez, in consideration 
of his good services, rendered as Interpreter to the Indians at Pensacola. 

Also, a copy of a mesne conveyance from Maria Garzon to the 
claimant, passed before Governor Masot countersigned by Domin- 
go Sausa and Jose Cevallos, assistant witnesses, dated 22d of Sept. 
1817; certified to be a true copy by the same persons on the same day. 

In addition to the foregoing title papers, the said Joseph Bonifery 
proved by parole testimony, the signature of the Sj)anish officers an- 
nexed to the grant; and the said Antonio Garzon cultivated and pos- 
sessed the above tract of land for thirty eight years; and that he had cat- 
tle on the same; and that the produce was brought to thin place for sale 
by him; and that the grant was made to Garzon by Anturo O'Neal, 
Governor General, for services rendered by him as Interpreter. 

OPINION OF THE COMMISSIONERS. 

The certified copy of a plat and certificate of the former Surveyor 
General of West Florida, as well as the grant of the hitendant upon 
which this claim depends, are dated subsequent to 24th January, 1818. 
Those officers, in regard to Florida, no longer cxistedj Pintado and 



[Ill] 57 

Ramirez were irresponsible persons; and the former presents us with 
a copy, when we are entitled to the original, under the solemn stipu- 
lations of the treaty between Spain and the United States. How far 
such documents are admissible, must be decided by Congress. 

In the certified copy of Mr. Pintado, he avers, that the survey was 
made in obedience to an order of the Intendant, but does not give the 
date of the order, or of its execution. The grant recites proceedings 
had before Governor Masot in 1817, which establishes the long pos- 
session of Gaczon? and that he obtained the land by a decree from 
Governor O'Neil for his go(»d services. Whether the grant was a 
gratuity upon the ordinary conditions, or for public services, we are 
unable to ascertain. F'rom the adduction of proof to shew Garzon's 
long possession and cultivation of the land, we are induced to think 
it was a claim of the former description; and his services as Inter- 
preter was the inducement and not the CQnsideratinn of the grant. 
Agreeably to the treaty of 1784, by w^hich the Indians were incorpo- 
rated as Spanish subjects, the grant could be made to the widow Gar- 
zon by the Intendant: but we submit it to Congress to decide whether 
Governor O'Neal was competent to make such a grant as a gratuity, 
or as a remuneration for public services, as Indian Interpreter. Gar- 
zon's family and flocks are not proved to have warranted the first; 
and we are not advised how far his good services authorized the se- 
cond. Feeling ourselves somewhat at a loss for an opinion in this 
case, we have submitted its determination to the superior information 
of Congress. 

All which is respectfully submitted. 

SAM'L R. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT. 



No. 9. 

A REPORT of a claim of Pedro de Alba, to 18, 900 arpens of land, 
upon the peninsula between Pensacola Bay and St- Rosa's Sound, 
by a title emanating from the Spanish Government, with an ab- 
stract of the evidence, reported in conformity to the provisions of 
an act of Congress, approved May 8th, 1822, entitled " An Act 
for ascertaining claims and titles to land in the Territories of 
Florida," by the undersigned Commissioners, to wit: 

Most illustrious Sir: Don Pedro de Alba, with due respect, 
exposes to your honor, that, having a quantity of cattle, and there be- 
ing a scarcity of convenient pasture ground to secure their preservation 
and breedings he has not as yet been able to obtain this object; on the 
contrary, he is daily losing his cattle, on account of the past and pre- 
sent critical circumstances, as your honor well knows, from the no- 
toriety of the injury done to all other inhabitants in this part of their 
wealth. He is, therefore, under the necessity of looking out for a 



58 L 1 i 1 J 

more secure f5pot for his cattle^ and considerin.^ that the other side 
of the Way from Deer Point as far eastward as he may want, would 
be very convenient for him, he supplicates your honor to grant him 
ike necessary license for passing over hi^ eattle, and forming a cowpen; 
which favor he trusts vvijl be accorded him, on account of its useful- 
ness to this place Pensacola, 28th March. 1814. Peter A'ba. 

I ceriify, that, at Cabildo, held this day, amongst other things, the 
following was agieed upon: " And finally was read another petition 
from Don IVdro de Alba, begging permission to form a cowpen on the 
opposite sile of the Bay from Beer Point eastward, to where he may 
have occasion for. upon which the members determined to grant him 
the pei'mission he solicits, on condition that he shall not prevent the 
inhabitants of this place from cutting any kind of wood on that spot.*' 
In witness whereof, I hereby give this, which I sign in Pensacola, 
on the 28th day of March, 1814— Joseph Maria de la Pena, Se- 
cretary. 

To His Excellency the Governor: Don Pedro de Aiba respectfully 
submits to Your Excellency that ha has in possession a quantity of 
cattle, and there being a want of convenient pasture ground, for secu- 
ring to him their preservation and breed, he has not been able to find 
what he has occasion for; on the contrary, he is sustaining a daily 
loss by reason of the late and present critical circumstances, Your 
Excellency well knows, from the notoriety of the genera! injury done 
to the other iniiabitants, in this bi-anch of their wealth, and consider- 
ing the fitness of the opposite side of the Bay, from Fan or Beer 
Toint eastward, to the spot xvhere he had put up a fence, which cost 
/lim S200, to shut his cattle and horses, wliich he passed over in the 
year 1814. and which the English and Indians, as it is well known, 
destroyed; and, in order to proceed in transporting his cattle, lie mp- 
plicates Four Excellency most graciously to grant him the said spot in 
thr same manner as those granted to othtr inhabitants, ^'c ^c. Pen- 
sacola 24th October, 1817. Pedro de Alba. 

Pensacola, October 24th. 1817. To be passed to the Assessor 
Gt Jteial and Auditor of War. Masot. 

Pensacola, October 24th, 1817. Let Don Pe(i'o Reggio, as Sur- 
veyor pro tempore, advise, whether the land which the petitioiser 
asks for, be vacant, or of the Domain; and if it is so, let this be 
shewn to the Fiscal of the Royal Finances, that he may thereon 
make what observations he may think proper. Hernandez. 

To His Excellency the Governor and fcub-delegate of Royal Fi- 
nances. 

The petitioner solicits a grant of that tract of land, which lies be- 
tween Beer Point, or the west cape of the small [)0!(it formed by the 
Bay of Pensacola and the Straits of St. Rose's, ajid a fence which 
he says w^is made by him in the year 1814, aii;' which the Indians 
and English destroyed. 1 am ignorant of the spot wliere the fence 
was erected, but= fi-om the demand of the petitioner, 1 conclude it 
was eastward of tlie Poin* culled Careening Poisit, which is opposite 
to this place, on the other side of the Bay. By Decree of the 25th of 



[Hi] 59 

September last, Your Excellency was pleased to grant to Don Euge- 
nio Lavallet, an inhabitant of this place, 800 acres in. the same spot and 
peninsula. By Decree of the 24tli of October last. Your Excellency 
also granted to Jayme Barcelo, of this place, 800 acres on the spot call- 
ed Shell Hill, which piece of Jatul is to the east of the preceding, 
boiuided OH the south by the aforesaid Strait^ consecfuently these 
two tracts form a part, if not the whole of that which Don Pedro de 
Alba solicits, Ufiless the fence which he mentions be one which exist- 
ed, and beg;an near the mouth of tiie River Jordan, or Yellow Water, 
and terrairsated at the Strait of St. Rose. In this case, the tract of 
land which the said Don Pedro de Alba asks for would consist of 
nearly 18,000 square acrr-s — abating the 1 600 granted to Lavallet and 
Barcelo, there wonld remain 16.400 acres, which I consider Indian 
Territory, as I have already informed Your Excellencxj in the petitions 
proffered by Lavallet and Barcelo. Your Excellency will resolve 
what you may think more proper, &c. &c. Pensacola, November 
3d,, 1817. Pedro Reggio. 

Be it communicatetl to Don Pedro de Alba. [Two flourishes.] 

To liis Excellency the Governor and Sub-delegate of the Royal 
Finances. 

Don Pedro de Alba respectfully represents, that, in consequence 
of tiie notification given to him (jf the petition which he presented on 
Use 24th of October last, in which be solicits the Land lying between 
Careene and Deer Points, and from thence to the spot where he erect- 
ed a fence, part of which was destroyed by the india.is; and in con- 
sequence of what Don Pedro Reggio lias informed Your Excellency, 
he declares, that, on the 28th of March. 1814, there was granted 
to him the piece of land of which he now solicits the title, by the 
Cabildo, which then governed in tliis place, agreeably to the annex- 
ed documents; in consequence of which, he ordered a fence to be 
erecled, and passed over, as is well known, thirty-eight breeding cows, 
two bulls- seven horses, and four negroes, all of which were on the 
other side at the time that the English and Indians retired from this 
place for Jippalachicola, candying with thtm the cattle, horses, and two 
negroes, after having killed the remaining two, for not allowing them 
to rob the provisions they had for their own use; for which reason he 
cfjnsiders himself entitled to the said land, having possessed it for 
four years, taking into tlie account the loss which he equally sus- 
tained, 0? all the lumber which he had prepared for a house o^ 40 feet 
front, and ready to be transported to the neigliborhood of Deer Point, 
■Ant] burnt by the Indians. Jnd notwithstanding the 800 acres grant- 
ed to E. Lavallet, and as many to J. Barcelo*-, which was the choice of 
the whole tract; in consideration of al! which, and of what he has de- 
clared, requests Your Excelieccy to grant him the Land which he 
solicited in his first petition for said purposes. Feasacola, Decem- 
ber Sd, 1817. Pedro de Alba. 

Pcnsacula December 20th, 1817. In consequence of what the 
Miu'.sler pro tern[)ore of the Royal Finances gave as his opinion on 
t'ic iOll\ i^ccembcr,, inst., at the instance of Mary Weaver, staling' 



60 [ HI ] 

that the Indian Nation had no claim to the land which the petitioner 
asked, nor even toothers more distant as was also decreed by the 
Mirsister Principal, Don Juan Mijs^uel de Losada, in the similar case 
orJayme Barcelo. Therefore, let there be granted to the petitioner 
the acres of iattd which he solicits; for* which end, these proceed- 
ings are to be passed to the Surveyor* appointed, that he may put him 
in possession of them, after notice being given to the neigliboring 
claimants, and without prejudice to a third party, drawiiig out a 
plot, which shall be presented to this oflice, in order to obtain the ne- 
cessary title; let the costs be paid by the petitiotier, and a copy of 
these proceedings to be left at the office, to give information to the su- 
perior aiithonly for his apjp'obation. Masot- Sausa Cevallos. 

This is a tiue copy (if its original, whicii remains in the Public Ar- 
chives which I certify, and, at the request of the party, 1 grant this 
in six folios of common paper, the sealed not being in practice, ''en- 
sacola, 2nd of August, 18 i 9. 

(Signed) Jose Callava, 
(Signed) Jose Cevallos. 

(Signed) Domingo Sausa. 

Don Vincente Sebastian Pintado, Captain of Infantry, Surveyor 
General of West Florida, for Iiis Misjesty. now in tliis city, by the 
dis|)osition of Don Alexandro Ramirez Intendant, &c. &c. 

Tiie Aynntamiunto (Pown Council) of Pensacola, having, at their 
meetingof the 28th of March, 1814, acceded to the j)etition of Pedro 
de Alba, Sen., praying leave to establish a cowpen on that side of the 
Bay opposite to the town, from the loint called the Carenero, (Ca- 
reening place.) continuing eastward, as far as occasion may require, 
it became necessary that the extent should be deteimined. in order 
that it might be ascei-tained what [loi tion of that tongue of land ap- 
pertained to the Royal Domain, and I eiiected that object by limiting 
iiim to a spot where he had begun an enclosure, fifteen English miles 
distant from the most west-rly point of the Careening ground, by a 
line drawn from said spot due south, until it meets St. Rose's Sound 
— the space enclosed by the same, containing twenty thousand jive hun- 
dred superficial arpens, more or less, according to the notes in my 
Note Book, No. 3. And, inasmuch as said land was granted to 
,said Don k'edro de Alba by the Sub-delegation of the Royal Finances 
of that Province, in a Decree of the 20th of December last, but with 
respect to the extent and configuration of the same, some doubts have 
occurred to the Deputy in said Province, in consequence of his not 
knowing what its eastern boundary was to be, and of two precedent 
grants having been made by the same Sub-delegation of eight hun- 
dred arpens each — the one to Eugenio Lavallet, and the other to 
Jayme Barcelo', the plots of which have not yet come to my hands, 
and of the situation of the first of which only. I am informed; having, 
moreover, been notified nf all these circumstances by a copy of the 
Decree of said tribunal, and by a letter of Alba himself, dated 22nd 
December, it becomes necessary to clear up this difficulty, and to set- 



C 111 ] 6i 

tie the affair on terms on which none of the parties can suffer aVy 
injury, and whereby each may know what beh)ngs to him, by reas(\n 
of said grant, and may peaceably undertake his labors, and reap tii^j 
fruit of his industry, it bein^ the particular province of the Surveyor 
General to settle differences and disputes of this nature. The followl 
ing remarks must be attended to. for whose better understanding and 
observance the accompanying figurative plan will be of service: I 

1st. That at no time, and for no reason (except in the case whicii 
will be mentioned further on.) can Don Pedro de Alba pretend to or 
claim more land towards the east, than is designated in \hv foregoini^ 
plot signed by me on this day, and having for its boundary the north 
and south line drawn at fifteen English miles distant from the most 
westerly point of the Careening giound, agi'eeably to the lim!tatiofi\ 
made on the 2nd of January, 1815. 

£ndly. That the twenty thousand five hundred arpens superficies, 
contained in the tiact represented in the plot aie reduced to eighteen 
thousand nine hundred, by reason of the grants to Lavallet and Bar- 
celo, mentioned by the Deputy in his Report of the 3d Noveisiber, 
last year, which are not represented, because the surveys of them 
have not arrived, but of which positive information has been obtain- 
ed; that the first is situated at t!ie point A on the plot, and the other 
will be laid on the spot which its tenor may require, without the pos- 
sibility of any opposition, on the part of Don Fedro de Alba. 

Srdly. That Don Vincente Ramo, having solicited two thousand 
five hundred arpens superficies, on the western part of said tongue of 
land, and space marked on ihe plot with the letters B, C, B, E, by 
a petition of tiie 28th of September, 1817, addressed to the Superin- 
tendent, and pursuant to his Decree of the 2nd of October following, 
reported by me on the 7th of the same month; and the concession or 
refusal not having yet come to my knowledge, the said 1 edro de 
Alba should be tu)tified, that, in case the grant has been made, he 
must not resist or oppose possession being taken of said land but his 
eighteen tiiousand five hundred arpens are to remain complete ieav- 
ing out the space F which is still a part of the Royal Domain, and is 
destined for the abovementioned purpose. 

For a perpetual testimony of t!'e same, and in order that no difficul- 
ties may arise hereafter between the parties, I give the present on 
file in the city of Havana, this fifteenth day of January, one thousand 
eight hundred and eighteen. 

(Signed) Vincekte Sebastian Pintado. 

I, Don Joseph Callava, Knight of tite Military Order of St. Iler- 
menegildo, decorated with the Cross of Distinction of the Battle of 
Almocid, Colonel in the Royal Armies, and Military and Political 
Governor of the i^rovince of \^ est I^lorida, &c. — 

Do certify, that, in the month of August last, Don Pedro de 
Alba prpsented to me a grant of land, made to his father by the 
Sub-delegation, -jn the 20th December, 1817, situated on the oppo- 
site- side of the Bay. ref|iu'sting that he migi^t have a copy, and that 



62 [ ^ 11 3 

the original might remain, aa is customary, in evidence ot'tlie same, 
\o tiii^ Ptibiif An hive But, owing to the coiifusioii of t!ie papers in 
the ijioiitiis of De-e ssheu January, nui] February last, when an inva- 
.'jioti was apj)rehen(led tVom tiie Amer-ican trot)ps, at which time the 
Archives of the Province were carricii with great precipitation to 
Fort St. Carlos de Barancas, it is presumable that the said original 
documesits may have been mislaid, or mixed with other papers; and 
although Uie assistant witnesses have searched for them by my order, 
(hey have not come to light amongst the Archive^. 

In^v^stimony whereof- I give the present ceriificate at his request, 
/n order that it may serve a( aii times, and before any tribunal what- 
Kiwv as an evidence of the unlucky accident whif h befel said original 
Decree. Fetisacola, this Sistday of March, 1820. (Signed) Joseph 
CaSlava. 

Asnbrose Crane being affirmed, saith, that, in the month of July or 
August, !819, he settled upon a piece of land in S;inta Rosa's Sound, 
and tiiat, in a conversation shortly afterwards with i'eter Alba he 
acknowledged tfiat his claim only extended to the Spanish Old Fields, 
and that if Ise, ^Ir. Crane? was beyond them, he was not on his land* 
and further saith not. 

Eugenio Lavalle. sworn, saith. that Pedro Alba, Sen. made a 
plantation* on the above tract of land, previous to the year 1814, 
that he liad sosne cattle and hoi'ses on the land, and hands at work, 
tisat lie was obliged to abandon it, in consequence of hostilities of the 
Indians, in 1814; returned to it in 1817, and has been in possession 
ever since, and that he was on the land in the year 18 14; and fui-ther 
saith not. 

Joseph Noriega sworn? confirms the above facts stated by Eugenio 
Lavalle. 

OPINION OF THE COMMISSIONERS. 

From an examination of the for-egoing title papers, it will be seen, 
that this claim originated under the Constitutional Government of 
Spain, in tise year 1814. upon an application to the Ajuntamento. or 
Cabildo of \^ est Florida, for permission to graze cattle on the other 
side of the Bay fi'om " Deer Point as far eastward as the petitioner 
might want " This permission was granted to him upon a condi- 
tion pi-escribed by the Cabildo that clearly indicated an intentioti not 
to give any title of property; and admitting them to be compete^ t to 
do so, which is very questionable, it would have been done subject to 
the approval or lejection of the Provisional Junta of Havana accord- 
ing to a decree of tlse Cortes then of binding authority, as a law of 
the Spanish Government We have every reason to believe that 
such a grant would never have been contirmed to any extent ,^reater 
than the quantity allowed for Cowpens. by the regulations of the 
Governor Genera! of Louisiana, and the listcndant and Superintend- 
ant Genera! of that i'rovince and West Florida, which is a quantity 
far less titan that claimed by the petitioner. The act of the cabildo 
could, at best, onlv be consideied as ;i nermit of seftlensent. which 



[ 111 ] 03 

if occupied for a number of years, according to the usages and la\vs 
of the Province, would have entitled Mr. Alba to a coticession of 800 
arpens of land. The claim, in its further progress, is esitireiy an 
anomaly. The claimant, aware that lie had no right derived fron* 
the license of the Cabildo petitioned the Governor fnr a grant of t\i\' 
land to the place where he had built a fence some time before, wiiicl i 
is a vague designation of the limit of the land jjctitioned for, and lis 
since ascertained by the testimony, to be a point that would only iii'- 
clude in the area about three thous;.nd, instead of 18,900 arpens? 
now claimed by Mr. Alba, and to cover which. Ise has, according 1^ 
the evidence of Mr Crane, selected a point of considerable distancO 
up the Sound, for the location of his fe.ce, not tliought of by him s»» 
latp as the year 1819. It will be seen, by the Report- purporting 1<> 
be that of the Surveyor, that he does not comprehend the extent of thl^ 
application, and does not give any satisfactory information upos' 
which a grant for a specific quantity might be given | and the Go- 
vernor, contrary to established usage, aiid the laws and ordinanccri 
of the Spanish Government, has made a Decree of Concession, with- 
out any knowledge of the quantity, and without reference to, or tiie 
intervention of the Fiscal, or King's Attorney, whos" opinion was 
always required in regular grants, as will be seen by reference to 
our General Report on Spanish Claims, and the formation of the 
tribunal of t!ie Intendant or Sua delegate, according to the laws of 
the Indies. The certificate of the Surveyoi" General, in relation to 
the land, is an extra ofHrial act. made subsequent to tiie 24tii of 
January, 1818. and therefore v.'ouid be entirely disregarded, if it did 
not bear internal evidence of the time and object for which it was 
written. It is confidently believed, that no sus\ ey was ever made of 
the land, and his intention in his office at Havana was, to give klguie 
and dimension to that which had none before, and to fabricate him- 
self a title for the claimasit that he himscifdid not think of until 18,9, 
when the Province was surrendered to the United States. The cer- 
tificate of Governo!' Callava is worthy of pai ticular remaik. Ke 
certifies, that, in August. 1819, Don Pedro de Alba preserved to 
him a grant- requesting that the original miglit remain in the oflice, 
and a copy bedeiiveied to the claimant. By the organization of the 
Sj»anish tribunal, the original grants, at ti»e tisnc tiiey were Kjade 
out, are required to be placed in the office, and entitled diligevcias 
(proceedings ) a copy of whirh is delivered to the party interested. 
'J his Decree of Concession purports to have been made in 1817, and 
how Mr. Alba should have had the oi-iginal in Augur-it 1819, is a 
matter entij-ely unexplained. If it was a geruiine oi-iginal, why did 
not the claimant keep it in his possession, as lie had done frosn the 
year 1817? But, in consequence oi" the confusiiHj of tlic pajics'H, 
says Governor Callava, tlie original was lost! It is somewSmt ex- 
traordinary, that this paper, which was deposited fur safe kceiiing in 
a public otlicc, in which, by law, it ought to have remained, should 
have been the only one of viliich we have any account in our exten- 
sive examinations, which is allt-ged to have been lost in tJie conm- 



6^ 



\ 



[ 111 ] 



1 sicfn of that expected invasion. If this grant was fabricated, the 
'.claimant could, with greater prospect of success, impose upon the 
^jivernment of the United States by a certified copy, than the origi- 
nul, with all the signatures and rubrications; and that will more 
rajasonably explain the loss of the one deposited in 1819. It will 
also be observed that, as an inducement to this grant, Mr. Alba al- 
lejtes the loss of his cattle, horses and materials for a house; and in 
colnsideration of what is set forth in his petition, the concession is 
made; and, notwithstanding the grant, he presented a claim against 
tlie United States for the same losses, and made affidavit, that he had 
Kfver received any compensation. From a view of the claim and 
idence, the undersigned Commissioners are of opinion, that the 
|overnor and Sub-delegate of the Province was not invested with 
»wer to make such a grant and that it never would have been 
)nfirmed by the superior authorities of the Spanish Government, 
allowing it to be genuine: but from its irregularity, and questional 
bpe shape, they cannot advise a confirmation of it. 
( All which is respectfully submitted by the undersigned Coramis- 
f^ioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT, 



[ill 3 65 



A. 

The examination of most of these claims was made under the acts 
of Congress passed on the 8th of M<*y, 1 822, and 27th Fehruary, 1823. 
Although it would appear from the abstracts, wiiich are framed 
agreeably to the regulations of Morales, that the lands w^ere designed 
for cultivation alone; yet it is a fact, that the greater number of cases 
were intended both for pasturage and agricultural purposes, and some 
for the former alone. 

These grants, concessions, and orders of survey, were proved to 
have emanated from His Catholic Majesty, or his lawful authorities 
in the Floridas prior to the 24th January, 1818. The claimants ad- 
duced satisfactory evidence of their having substantially fulliJled the 
conditions imposed upon them, either before the date of the treaty be- 
tween Spain and the United States; or having been prevented by the 
recent circumstances of the Spanish nation, and the revolutions in 
Europe, completed them within the time limited in the same respect- 
ively, subsequent to that period. It was also in proof, that the orders 
of survey have been ? dually executed anterior to the 24th January, 
1818, agreeably to the requisitions of the act of Congress passed 8th 
May, 1822. 

In our examinations under the act of Congress, passed £7th Febru- 
ary, 1823, we have ascertained the facts of actual settlements prior 
to the cession of the Floridas to the United States, and particularly 
as indispensable to authorize us to decide claims over 1000, and un- 
der 3500 acres. Where our enquiries have been directed by the act 
passed on the 28th February, 1824, upon the presentment of the orig- 
inals, we have only required the deraignment to be made out by office 
abstracts for the last ten years preceding the surrender of Florida to 
the United States, with a deed or devise to the claimant, and a com- 
plance with the conditions attached to the claim. 

A concession is merely a grant of the land petitioned for, before the 
making out of a formal title. The first is generally made when the 
order of survey is decreed, and the last after the plat and certificate 
are returned, and conditions, if any, are performed. Where the con- 
cession and titles in form are both filed, we have given the date, &c. 
of the first, and noted the other in the column of general remarks. 

The Sub-delegates and Intendants of Havana have in some instances 
proceeded to complete the claim subsequent to the 24th January, 1818. 
In such cases, we have considered the claim barred by the treaty, un- 
less there was a grant, concession, or order of survey, actually executed 
prior to that time. The Commissioners did not consider themselves 
authorized to recognize any act of the Spanish authorities as legal af- 
ter that period. They have thus investigated >^uch claims, noting the 
subsequent steps in the column of general remarks. 
9 



66 [111] 

The original grants upon which some of these claims are founded 
have not 'oeen filed, but only recited in the mesne conveyances, by 
which the deraigtiment is satisfactorily completed. In a few instances 
the year only is mentioned, in which the grant was made by the Span- 
ish Govertmient; and in others the name of the Sub-delegate from 
whom it was obtained. We have in these cases given the date of the 
oldest mesne conveyance. 

We have also included in this class, claims, where the original grant 
has been filed; but there is one or more links in the chain of title found 
to be absent between the grantee and present claimant. 

It was the practice wlijere a grant was made, to deposite the original 
in the office of Finances to be recorded: and the claimant was given 
a certified copy. These records were not permitted to remain in this 
Province, but were all removed to the Havana several years since. 
Others were destroyed by the pirates, as is in proof before us, on their 
passage to that place. Some obtained possession of the originals, but 
others did not; and the above causes combined, are alleged by the 
claimants as a reason to account for the absence of original title 
papers. Where the office of Alcade has contained any important 
document connected with the claims, we have had it submitted to our 
inspection, or obtained certified extracts therefrom; but except as to 
the mesne conveyances, we regret to say, that we have been enabled 
to procure very little information from that quarter, as it was not the 
office in which originals were recorded. 

By the regulations of Morales, mesne conveyances were made be- 
fore the Commandants of Posts, who were directed to see, that tlie sel- 
ler presented to the buyer the title which he had obtained; and, iia 
addition, being careful to insert in the deed the metes and bounds, and 
other descriptions which result from the title, and the process verbal 
of the survey which ought to accompany it. In West Florida, this 
duty was not only executed by the Governor, but by tiie Escribanos 
or Notaries of Government; and under the Constitution by Alcades. 
On such occasions, these officers were vested with ^'w(?idflZ powers, and 
instructed to see that the claim, as to its derivation, was regular 
and complete. These mesne conveyances sometimes recite tlie date 
&.C. of several of the preceding deeds, and thus set forth the chain of 
title to the present claimant. The circumstance of the transfer having 
been made before tliese officers, is making out a title, the validity of 
which, has been thus virtually recognized by the Spanish authorities. 
It is understood to have been both the law and the practice in West 
Florida, to consider these recitations of prior conveyances as conclu- 
sive evidences of title. Whenever it was marie out in this shape, no 
further testimony was required to establish it in any of the Spanish tri- 
bunals. The consequence was, that little or no care was taken of the 
copies of the preceding conv eyances, but were often, either permitted 
to remain in those offices where the transfers were made, or thjrown 
aside as waste and useless paper. 



[Ill] 67 

From an examination of our abstracts, it will appear that the usual 
conditions were occasionally fulfilled before the grant or concession 
was made, or the order of survey was decreed or executed. This arose 
from the practice of the Spanish authorities. Individuals who were in 
poor and indigent circumstances, were sometimes permitted by tlje 
Sub-delegate, in writing, to settle and improve a portion of the public 
domain. Where they complied with the terms prescribed in the per- 
mit, or such as were attached to gratuities, they were considered as 
entitled to a grant whenever they were enabled to apply for it, and pay 
the incidental expences. These inchoate titles were frequently trans- 
ferred to others, who obtained the concession or grant in their own 
names. 

In some of the cases embraced in this class, the grant or concession 
was made for a particular tract of land, or one which might be situated 
upon the same water course, or contiguous to the first; but upon ex- 
ecuting the survey, an incorrect plat and certificate were returned. 
It will therefore be necessary that Congress should authorize by law, 
those whose grants or concessions were made in the alternative, the 
surveys of which were incorrectly returned, to locate them agreeably 
to the petition or concession. 

For a further understanding of these conditional and gratuitous 
grants, concessions, and orders of survey, we would respectfully re- 
fer to our general report upon that description of claims. 

All of which is respectfully submitted by the undersigned Commis- 
sioners. 

SAM'L R. OVERTON, 
JOS. M. WHIIE, 
CRAVEN P. LUCKETTe 



# 



in— A. 



of Claims to Land in West F 



Juan B. Caz^navc 
Juan B. Cazenave 
Juande la Uua 
Diego Palmes 
Joseph Noriega 
Joseph Nonepfa 
Antonio Oiircia 
Joseph Noriega 
Miguel Cluigles 
Lorenzo Bm 
Fetlro Sana 
Francisco Vidal 
Josefa Falcon 
John tlitez 

Juan Domingucs 
Salvador Hamirea 

na Bonilay 
Samue! N. Smith 
I Henry Wilson 
I H.-niy MiclK-let 
' H itiv MicheJet 
.hian de ia .iua 
Mi.ry Weaver 
Mury Weaver 
Antonio Collins 
Hfirs of Pahio Grampe, 
Phtlippe Prielo 
Fianciscd Fernando Moreno 
Manuel Bnnifay 
Manuel Bonifay 
Antonio Pol 
Luis Maeatre 

Joseph C. IC'-ysur 
Joseph C. Keyser 
I'<-djo Phil.-her: 
Manuel del Burco 
Miiria It. Miiri'el 



aeph Phillips' h,., 
cento Oi'.k'agoity's heir 
111] Simpson 
inucl Hemantle 
46 I Juhn t;hpljeau.x 

I Juan Mulagosa 

Fi-ancisco Barrios 
j Maria P, MoUcre 



.A 

, founded on Original Grants, Concessions, and Orders of Survey, made gratuitously by the Spanish Government, upon the condition of clear'no- A 
cultivation, and which have been confirmed by the undersigned Commissioners. ' » ^™" 




l^ 



Grand Lngoon 

Little Bnyou 

Black and Clear Water Creeks 

Governor's Creek - 

Bay of Escambia 



Pass de Indio 

Thiee miles from Pensacola 

liiver Escambia 

KscanibiaBay 

Five miles from Pensacola 

Biiyou Mulatto 

River Escambia 

Bayou CJi 



River Escambia 



Bayou Grande 
Three miles west of Pel 
Village of Burrancas 
Bay of Escambia 



Bay of St. Maria de Galves 
North of Bayou Grande 
River Escambis 

do do 
Bayou Mulatto 
Bav of Escamb 
Bayou Mulatto 
Bayou Texar 
Suburb of PensacoU 
Pass de Indio 
Westof Pensac 
The head of Escambia Bay 



do 



do 



do 



River Escambia 



Governor Masot 



Intendant Ramici 



Governor Masot 
Intendant Baniire 



Inlendant Morales 



Intendant Morales 



1- Sam. Maxent 



Intendant Morales 
Qavtrnor Masot 



I8lh Dccembei 



18lh January, 
19th do 
26th March, 
2nh Decembei 



25 th Mav, 
ISlh September, 
5\\i November, 

12th October, 
'2M\ December! 

gth July, 

4th April, 
26th December, 
13th October, 
22d November, 



25th Mav, 
24lh November 
14lli do 
S'th necemher. 
29ih Septembei 

5th Hay, 

6lh November, 



1 January, 

\ DecPihber, 

1 January, 
1 November, 
Octoh.er, 

Dccsmberj 



Pedro 
do 
do 


Rt pgio 
do 
do 




Viiicei 


I- ». Pintado 


['•■.Jro 


t KRio 

te S. Pintado 


re.lro 

do 

Vincsn 


BeSgio 

do 
te S. Pint.d 




PldlO 

do 


ReKR'O 
do 




do 


do 




Pedro Kepgio 
Louis de Biiidecat 




Vincei 


tc S. Pintado 


do 


do 




do 


do 




do 


do 




Anton 


Baldcras 




Pedro 
An(oii 


Rengio 
Ealdera3 




do 


do 




Pcdio 
do 


Uegprio 
do 




do 

Ptdro 
do 


do 

iteS.Pintad 
Reggio 




do 


do 




Aiiton 


Balderas 




do 


do 




Viiicente S. Piiitut 


) 


do 


do 

tc S. Pintad 




do 


do 




do 


do 




Pedio 

Vince 


Reggio 
te S. Pintad 




do 


do 




Pedro 
do 


"To'" 




do 


do 
Bllderas 





1817 

181 r 

1817 



1813 
1801 
1817 
1810 
1811 
1812 



1814 
1816 
1806 
1318 
1818 
18U 
1818 



1819 
1819 
lbl9 
1819 
IS18 



1818 
1820 
1819 
1819 
1819 
1819 
1833 
1813 
1823 
1822 
1816 
1821 
1820 
1818 
1818 
1819 
1819 
1819 
1820 
1815 
1823 
1811 
1322 
1818 
1821 
1822 
1820 
1817 
1821 
1820 
1312 

1816 



GFAEIIAL REMARKS. 



JanyoftUcsedaimsihccullivnlionwasprovedtoliiiVf beenconiinndto,!,, Mrr.„.,t,„„. i. „ ^ j 

u„„«e«.., ,0 .nquire into, o, record, u,o.. fc.u toui« U,.,. Ul. p.rfomS ,t root^Si'^qSi 



Tliis claim is an island, granted for 800 arpcns, n 



In these claims the coi 
[ 1818i iu such call 



S'ut'liUe.'^I^roIfi™ ''i"""'.J"'"°'' 'V""=yl" V>ir,u,i Iho UUe iD form girei, i 
B mcuues are confimeil upon (he concMiioimr order of survey. 



Plat end certilic.ite incorrectly returned 



This grant » as made to the Viar for the uie of the Citliolic Church. 



Ill— B. 



ABST31ACT.,..Coiitinued. 











DiT« or I 


Llm. 








SURVEYED. 


CLEARED AND CULTiVAl ED 






""""■"'■"■""• 


»»■»■'••■" °"""- 


""""''"""■■ 






'^°""' 














GENERAL RGUAHKS, 


1 
z 


Montli. 


Year 


wn.,. 


BVWttO.,. 


rao.. 


.0. 




51 


H. M.Bruckri)ridge&.R.K. Call 


Jyme Barcelo 


Concession 


September 


1817 


800 


St 'osa's Sound 


Governor Masot - 


4th Novenber, 1817 


Pedro Reggio 


1817 


1822 




53 


H-nry M. Brickenridje 


Kuhia and Samora 


do 




1804 


800 


do do ... 


Governor Folcli . 




- 


1804 


1814 




53 


Jolm Doniilson 


Jnaquin Barrela 


do 


February, 


1799 


800 


Bayoii Grande and Bay 


Governor Gayoao de Le Inoa 


4th October, 1812 


Vificente S. Pintado 


1802 


1818 




54 


lumer Starke 


William M'Voy 


do 


October, 


1816 


800 


Laf;ooii llo'pond ... 


Go\ ernor Sam. Masent 






181S 


1813 




55 


Charles Beelep 


Gabriel Hermaiidez 


do 


June, 


1817 


320 


Mouth of Escambia 


Governor Masot . 


22d June, 1820 


Antouio Bftlderos • 


1817 


1821 




56 


Joseph Y Crazat 


JosepL "V. Cruzat 


do 


December, 


1817 


800 


BayofP.idid.. 


ilo do • - 


22d Decemb«r, 1817 


Pedro Reggio 


1817 


1822 




57 


Manuel Gonzales 


Mantiel Gonzales 


do 


November, 


1817 


1,600 


Fifteen miles fiom Pensacola 


do do- 


22d December, 1817 


do do - 


1814 


1824 




58 


Turner Starke 


William M'Voy 


do 


do 


1817 


1,600 


West side of Escambia river 


do do- 






1817 


1813 




59 


William p. Anderson - 


Eugenic Lavalle 


do 


September 


1817 


800 


Sou'li side Pensacola Bay 


do do - 


I7ih May, 1818 


Pedro Reggio 


1817 


1821 




60 


John Fernandez 


John Fernandez 


Order of Survey 


November, 


1816 


100 


Bayou de la Trucha 


Governor Sam. MaaenU - 


Ifith January, 1818 


do do 


181S 


1824 




61 


I'aula Rivas 


Paula Htvas 


Concession 


do 


1817 


28 


One mile north west from T'ensacola 


Governor Masot - 


28th April, 1821 


Antonio Balderas - 


1817 


1819 




62 


JoHC Couzat St Fran, de Villiers 


Jose Cruzat &, Fran, de Villiers 


do 


do 


1817 


1,600 


Clara del Aqua 


do do - 


141h June, 1821 


do do . 


1818 


1820 




63 


Simtiago Colman 


Santiago Colman 


Grant 


December, 


1811 


1,600 


Kiver Peniido 


Inteodant Morales 


2d December, 1811 


Vincente S. Pintado 


1812 


1815 




64 


John Innerarily 


Cliarlea James 


Concession 


tJctober, 


1817 


400 


Pensacola Bay 


Governor Masot 


25th November, 1817 


Pedro Reggio 


1817 


1818 




65 


Antonio MoUna 


\ntonio Molina 


Grant 


do 


1817 


1,600 


Bav of St. Maria de Galves 


do do - 


18th September, 1817 


do do 


1817 


1820 




66 


Francisco Toward 


Francisco Toward 




September 


1817 


800 


do do do . 




15th November, 1817 


do do 


1817 


1823 




67 


Thomas 1'. Rioboo 


Vicente F. Teieyro - 


Order of Survey 


October, 


1815 


800 


Bavoo Governador - 


Governor Soto 


8lh December, 1818 


do do - 


1814 


1815 




es 


Joseph Bonifay 


Joseph Bonifay 


Concession 


December, 


1817 


800 


B«> of at. Maria dp Galves 


Governor Masot - 


10th January, 1818 


do do 


1815 


1823 




69 


Nathan ^hackleford 


Francisco Mof^no 


do 


October, 


WW 


800 


Two inilL'S from Pensacola 


do do- 


16th December, 1817 


do do . 


1818 


1823 




70 


Nathan Sbackleford • 


Nicholas Lapez 


do 


December, 


1817 


800 


West bank River Escambia 


do do- 


27th do 1818 


do do 




1818 




71 


Nathan -^hackltford 


Lonis Gagnet 


do 


do 


1817 


800 


do do do . 


do do- 


26th do 1818 


do do 




1813 




72 


Liitlebury Mason 


Francisco Moreno 


do 


do 


1817 


800 


East batik River Escambia • 


do do - 






1819 


1822 




73 


John Innerarily 


Thomas Miller 


Order of Survey 


do 


1815 


800 


Bay of Escambia 


Governor Soto 


Sth May, 1817 


Vincente S. Pintado 


1815 


1817 




74 


J. aepb Phillips' heirs 
Francisco M. St. Maxent 


Manuel Gonzales 


Grant 


May, 


1807 


400 


Bay of P.-nsftCola . 


Intendant Morales 


11th March, 1807 


do do- 


1807 


1816 




75 


Franciaco M, .St Maxent 


do 


March, 


1816 


800 


Casa Dlanca on the Bay 


Governor Soto 


Sth January, 1816 


do do ■ 


1806 


1816 


Confirmed, subject to the restrictions and conditions contiinidin Uie erint reUtivelto the defence of PenBacolp, 




























and f onlen lota laid out by the Enghsli auUiorities, upon the orlKinsl plan of the city. 


76 


Roland Clapp 


Maria Machado 


do 


November 


1817 


84 


South of Old Fort St. Bernard 


Governor Masot - 


12lh June, 1821 


Antonio Balderas - 


1817 




Title papers lost. Confirmed subject to any rcstrictioni or conditions, which tho lawa and usages of Spain im- 
pose, if any, upon tyrants of land contiguous to forts, he. 
Much of this island subject to inundation. 


77 


John Brosnaham 


John Br-isnahara 


do 


October, 


1817 


2,320 


An island in the Escambia river 


do do - 


9th & 10th July, 1817 


Pedro Reggio 


1817 


1821 


78 


Lorenzo Vitrian 


Lorenzo Viirian 


Concession 


do 


1816 


1.160 


Bayou I'exar 


Governor S. Maxent 


9th August, 1816 


Vincente S. Pintado 


1816 




This grant was made principally for the purpose of cutting wood. 


79 


Jnaquin Barela 


Joaquin Uarela 


do 


January, 


1804 


50 front 20 dp 


Grand Lagoon 


Governor Folch 










This grant was made to enable the grantee to supply timber for the royal works slid fortifications at Darr&ncaa 


SO 


Joseph Maura 


Nero, free man of color 


do 




1804 


800 


West 0fBay.'>uTe5ar 


So do . 


201h Februarj-, 1821 


Antonio Balderas - 






Original title papers lost. Proved to have been cleared and cultivated many years before the concession. 



All wliich is resiicctfiilly stilimittetl. 



SAMUEL R. OVEYTON, 
JOSEPH M. WinTE, 
CRAVEN r. LUCKEIT. 



[Ill] 

B. 

WRITTEN PERMITS OF SETTLEMENT. 

These claims are founded upon written permits, obtained from the 
Governors of Florida, which secured to the petitioner the undisturb- 
ed occupation of the land, for the purposes of grazing and cultivation. 
It was an indulgence extended by the Spanish Government to indi- 
gent persons, who were unable to bear the expenses incident to a con- 
cession or complete title, and to foreigners, who avowed an intention 
to become resident subjects. By the decree of the 22d November, 
1806, strangers and foreigners could only obtain a grant after long 
residence in the country, which was in entire conformity with the 
policy of Spain in all her American provinces. During this state of 
protection they occupied the land; and, after being put into possession, 
it is understood that they never were deprived of it, wiiere they per- 
formed the usual conditions. The permits in both of these cases were 
followed by a concession, whenever the means and conveniences of 
the parties authorized them to make the application. Their right to 
it was considered by the Spanish authorities as incontestible. In the 
eye of the Spanish law, these inchoate titles were viewed as property; 
they descended by inheritance, and were transferred from one another 
hj private contract. 

This species of claim is distinguished from a concession, in this, 
that in the latter it was uniformly the practice to order the surveyor 
to run out the land either before or after the grant, and put the party 
in possession. In the case of written permits of settlement^ no such 
formality was used; the petitioner was, in the first instance, simply 
authorized to occupy, cultivate, and pasture, a particular tract of 
land, without molestation. 

The Commissioners are of opinion that these claims are valid, 
where the conditions usually attached to gratuitous grants have been 
performed by the claimants prior to the 24th January, 1818; or since. 
that time, if entitled to the indulgence contained in the 8th article of 
the treaty. It is believed that they constitute the most equitable titles 
in Florida. No fraud can attach to them; they are in conformity 
.Avith the policy of the Spanish government, in the settlement and cul- 
tivation of her domain, and have always been recognized by her au= 
Bhoritics as entitled to complete grants. I'he Board of Commissioners 
•vest of Pearl river reported in favor of claims of this description; 
Ind, in the 2d section of the act jiassed on the 2d March, 1805, for 
Ascertaining and adjusting the titles and claims to lands within tho 
ftrritory of Orleans and District of Louisiana; and the 2d section of 
Tn act confiriviing claims to lots in the town of Mobile, &c., passed 
7th May, 1822, provision was made for their confirmation. 

The 1st article of Morales' regulations provides, that the quantity 

ti> he granted, where & gratuiimis concession is made, shall amount to 

a number of arpens as large as the petitioner shall be judged capable 

fo ciilfivatf, according to the mimher of his faTiiihi, and the nnmber of 

C, ... 



[IH] 



beasts to be pastured. In some cases before us the quantity thus ap- 
propriated is stated in the permit, in others no yuch provision is to be 
found. It has, however, been usual to grant such claimants 800 ar- 
pens, which is a limit fixed by the regulations of Morales, and not to 
be exceeded in gratuitous concessions, unless the number of the peti- 
tioner's family, his beasts to be pastured, and his ability for cultiva- 
tion, recommend a departure from the common rule. In the cases 
before us there is no proof to bring them within the reason of the ex- 
ception, and they cannot, consequently, be entitled to more than 800 
arpens, laid off in the usual furm. 

All of which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL P... OVERTON, 
JOS. M. WHITE, 
CRAVEN P. LUCKETT. 



Ill— D 



B. 



MU ^illslili^llif it of Claims to Land in West Florida, founded on written permits of settlement, given by the Spanish Government, and which have been confirmed by the 



undersigned Commissioners. 



Month Year 



GENERAL DEMARKS. 



Charles de VillK 

Fermin dc Villi' 

John Edgcly ami Edward T 

Antonio i;olcin ■ 

PflrohePybuinTu: 

Josefa Pol 
Littlehery Mnaon 
Henrory Potts 
Richard K. Call 
John Innerarily 
Joseph C. Kyser 



Dulmacio Salas - 

Jose O Neil 

Juhn Edg-eby and Edward Towns 

Antonio Colein - 

Jpptha Turvin 

Francisco Colein - 

Josefa Pol ... 

Thomas Becler 

{;harle!iBce]er 

b- Christian Limbaugh 



Written permit 



February, 
July, 1812, 



^November, 1817 
February, 1817 



1,600 
800 
1,6C0 



3 miles from Pensacok 
Corrallillo de la Cosia 
F.scambia River 
Clear Water 

At the head of Indian rreek 
Seven mile creek 
Perdido river 
Escambia river 
Do. do. 

C On the Bay of EscarmbU 

Near Fort St. Bernard 



Governor Vicente Folch - 
do do do 

do Joseph M»sot • 
do Folch - 
do Polch - 
do ZunigA • 



do Jose Ha90t 



16th September, 1819 
16th June, 1821 

23d October, 1820 
28th May, 1821 



Antonio Balder* 



L 4tb December, 1816 
6th Febninry, 1821 



S- Vincent S. Pintado 
Antonio Balder^ , 



1810 

18W 
1817 
1809 



1812 
1817 
1817 

1817 

1817 



I Ai thia claim la now id niU between Call and Iniierarity, both hohlinfr undrr L1mbau);h, ^e have considered it 
most advisable to confirm the claim ofLimbuiiffhui valid against the United States, teaviiiff the private con- 

I troversy to be decided by the judicial tribunal before which it is now peiiriing:. 

Confirmed subject to any restrictiona or condition! which the laws and uuftet of Spain impose, if any, upon 
^nnts and lands contiguoua to forti, 6te. 



All which is respectfully submitted. 



SAMUEL L OVERTON, 
JOSEPH W, WHITE, 
CUAVIilN r. JLUCKUTT. 



[Ul] 

c. 

This class of claims is founded on sales made by the Governors of 
Florida in conformity with the reguMions of Morales, at the ''price 
of estimation," and by the Constitutional Ayuntamiento, by virtue of 
a provision of the Constitution of Spain, and a decree of the Cortes 
promulgated in the year 1812. The last mentioned claims, like gra- 
tuities, were subject to the revision of the superior authorities, and 
demonstrates a regular chain of responsibility in every change of the 
Spanish Government, from the subordinate tribunals to the sovereign. 
All the acts of the Cabildo were to be submitted to the Provisional Junta 
of Havanna. As these claims are for small quantities of land, and 
the purchasers having paid a valuable consideration for the same, 
combined with the uninterrupted possession for many years, the un- 
dersigned Commissioners are of opinion that they are valid, and 
would have been completed under the Spanish Government upon the 
application of the vendees; they have, therefore, given them confirm- 
ation. 

All of which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOS M WHITE, 
CRAVEN P. LUCKETT. 



E. 



V. 



AN ABSTRACT of Claims to Land in West Florida, founded npon sales made by the Spanish Government, and which have been confirmed by the undersigned Commissioners. 



: 














oaTaore^o,. 


'zii::: 














,o.ra..„. 




I 


..w„o,c.,„... 




MonUi. year. 


'""""°""' 




When. 


By whom. 


QENEBAL REHAKKS. 


1 

2 
3 

4 
S 
6 

r 

8 
9 
10 
11 


Joieph NorieK* 
JoBopli Noric^ 
Mariana Honiray 
Mtnuel Bonlfay 
Millan dr la Carrera - 
Jnscph Antonio HiralU 
Juan Innerarity 
Jnhn Dnnalion 
1-lminiii BnFfliah 
I'e.lro riiihIuTt 
Pedro Alba, sen. 




Doming Hernandez 
Murtin Oe Madrid 
Francisco Tonapd 
Re nardo Prieto 
Mariano Latady 
Vicente F. Texoiro 
Yffnaclo Serra 
Pu.lro Reggio 
Millan de la Carrera 
Pedro Philibert 
Pedro Alba, ten. 






sale 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 


March, 1813 
March, 1813 
March, 1813 
M.rrh. 1813 
March, 1813 
March, 1313 
May, 1815 
Fel,niary, 1816 
March, 1816 
March, 1816 
Mareh, 1816 


800 
800 
800 
723 
1,600 
800 
735 
331.10 
800 
800 

n 


Bay of Escambia 

do 

do 

do 
River Escambia 
Havou Texar 
Pf rdido river 
AdjoininR PenncolaW. 
Prrdido River 
N«rth of Buyou Mulato 
West of the Spring Road 






Cabildo - 

do 

do 

do 

do 

do 
Governor JoK de Solo 

do 

do 

do 

do 




2Ijl Juoc. 18U 
21>. Jone, 18U 
14lh June, 1814 
22d June, 1812 
3d Mareh. 1811 
3d March, 1814 
20lh May, 1815 
26ih February, 1816 
7ih Nuvcmhcr, 1815 
12th December, 1814 
aeth December, 1817 


Vicente S. Pintado 

do 

do 

do 

do 

do 

do 

do 

do 

do 
Ptdro Heegio 




The L^rKeat number orthut lalea mete ia> Ir l.v the Ronilltutioul AyuntamleUo, or CabUda, aauUilllcil in 
Wcit Florida, untler a proriiion of tile Spaniih Conititullon, aad a decree uflbc Cortca io I8I2. 



AU which is rcBpictfuUy submitted. 



SAMUEL H. OVERTON, 
JOSEPH M. WmTK, 
OHAVKN P. 1,UCKKTT. 



[Ill] 

D. 

This class of claims like the preceding ones, has heen examined 
agreeable to three separate acts of Congress upon the subject, the 
provisions of which have been carefully observed. The Spanish 
grants purport to have been made upon the conditions, that the 
claimants, <^ enclose the same and build a common house thereon in 
one year," and subject to payment therefor, should his Catholic 
Majesty require it, as also to conform to police regulations. Some- 
times a house of a particular description was to erected on the lot, 
and in the event of failure to comply with the condition, the grant or 
concession might be declared null and void. Some are founded upon 
British grants for lots, afterwards sold to Spanish subjects, within 
the time prescribed in the capitulation of 1781, the treaty of 1783, 
between England and Spain, and as extended in a subsequent royal 
order. These British grants were made upon conditions precedent, 
similar to those which emanated from the Spanish authorities. In 
some instances the original Britisli proprietors never removed from 
West Florida, but continued in the occupation and enjoyment of their 
property as Spanish subjects for many years, and ultimately either 
sold it- or transferred it to their descendants. 

The Commissioners were not in the first instance, entirely satisfied 
as to the legality of these grants; as the 34th article of Morale's 
regulations provides, that '' all lots or seats belonging to the domain," 
shall be sold for ready money." There has been no authority 
exhibited to us, shewing the right or power vested in the sub-delegates 
to make gratuitous concessions of lots, as in the case of lands in the 
country. The claimants, however, made out a riglit to them by 
satisfactory evidence; they proved that such grants corresponded 
with the uniform practice of the Spanish authorities, and were by 
them recognized to be valid. 

These grants emanated from his Catholic Majesty, or his lawful 
authorities in West Florida, prior to the 24th January, 1818. The 
claimants proved a substantial compliance with the conditions, witliin 
the period limited in their grants, or where further indulgence was 
given by the subdelegate, within the time specified, or that they had 
made an actual settlement upon the lot before the cession of Florida 
to the United States, and fulfilled the conditions of tlieir grants. 

In some cases, the original grantee presented the claim: where it 
had fallen into the hands of third persons, the deraignment was set 
forth in original and mesne conveyances, and their recitations, and 
extracts from the protocols of the alcade for ten years previous to the 
cession, under the last act of Congress, and in the two preceding 
ones, up to the original grantee, unless proof was adduced that it 
could not be obtained. Upon the exhibition of testimony showijig 
that the originals had been lost or destroyed by time or accident, the 
mesne conveyances were considered the best evidence, and sufficient, 
united with the occupation of the property, to demonstrate, that the 
Spanish authorities recognized the titles. This rule was observed 
G. 



CI**] 

even where the chain of title was defective. In such cases where the 
original is filed^ or its date recited in the mesne conveyances, it is 
given in our abstract; but in the absence of these, we have set down 
the date of the deed to the next oldest grantee. The absence of title 
papers in this class of claims, is accounted for as in that marked E.. 
From our abstracts it will appear, that in some instances, the con- 
ditions were performed before the grant was made. This was the 
result of the party having obtained either a written or a verbal permit 
to occupy and improve the lot, which gave heror him a right to a grant, 
whenever he or she was enabled to apply and pay for it. These 
inchoate rights were sometimes sold to others, who became the original 
.grantees. 

All of which is respectfully submitted by the undersigned Com- 
missioners, 

SAxMUEL R. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT. 



lil— H 



B. 



AN ABSTRACT of Claims to Lots in Pensacola, founded on original gi'ants and concessions, made gratuitously by the Spanish Government and British Government; upon the condition of building upon 

and enclosing the same, and which have been confirmed by the undersigned Commissioners. 



SURVEYED. 



DUILTUPONANU ENCLOSED, 



UENEIUL UEMAHKS. 



Matthew Hannah & Co. 

do do 

Juande la Rua 

Francis Caao Y. Luengo 
Maria Perez 
Chevalier Del Croix 
Starke Hunter 
Bonifay 



do 



do - 






Darlelome Grau 
Carlos de Villiers 
Amftldo Guillemard 

Salvador Huby 



;Ortis 



Maria Josefa llonifay 



Antonio Pull . 
Antonio Dias - 
The heirs ul Bernardo 
Celeste Pastor 
Louis Macstie 
DelaiUc Petit - 
Mnrffariia del Itlacio 
Maria F. Bn:,ne 
DominRo Rrcio 
Dl. po Quinlero 
Dnmingo Torry 
do do 



Joseph Noriegii, Sen. 
Maria C. Grand, pre. 
Antonio Leton 
Nicholas Gonzales 
George Toca 
Lorenzo Bru - 
Peliscitas Bosdore 
Antonio Reismundo 
Fclippe Vidal - 
Joseph Cangosa 
Antonio Balderas 
Joseph Veola - 
Francis Caso Y. Luengo 



I Pert 



Collell 

Fra's Max'o dc San Maxent 
Vicente Fernandez Texairo 
Jyme M'Gill - 
Marcos Aguilera 
Antonio Gonzales 
Pedro Gilkres 
Joaquin Barrela 
Francisco Palmes 
Bartelome Grau 
Carlos de ViUiers 
Arnaldo Guillemand 



Marcos deVilliera 
Joseph Fernandez 
Sophia Peroux 



Joseph Lara 
Bernardo Bodes 
Calesle Pastor 



Margarita del Macio 



Andics I''eriiandez 



Grant 

Concessi 

Grant 



March, 1796 

October, 1806 

do 1810 

September, 1810 

June, ISn 

St-ptember, 1811 

February, 1810 

March, 1812 

May, 1810 

March, 1310 

April, 1805 

June, 1812 

July, 1805 

Ap'nl, 1804 

March, 1810 

July, 1804 



February, 

April, 

March, 



1010 
1810 
1804 
September, 1809 
August, 1804 

Kebiuarv, 1810 
April, 1810 

1809 
1798 



Oclobei 



166-6 inches do 



160-3 inches do 
165 do 

230-8 inches do 



If 1-5 inches do 



179-6 inches do 



Vincenle Folch 
Juau V. Morales 
Governor Folch 



Intendant Morale! 
Govemor Folch 



Intendant Morales 

Governor Folch 
Intendant Morales 
Governor Folch 
Intendant Morales 
tVovernop Folch 
Intendant Morales 
Governor Gayosa de Lemos 
Governor Folch 
Baron de Carondclet 
Governor Folch 

Intendant Morales 
do do - 

Governor Folch 



Intendant Morales 



Governor I'olch 



17tU October, 1806 



do do do 



do 


do 


do 


Vincenle S. 


^intodo 


do 


do 


do 


do 


do 


do 




eS. Pintado 




eS. 


^intado 


do 


do 


do 


do 


do 


do 


do 


do 


do 




do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 






not speak with prcciiton as to the date of the pcrformanci 
nt, since the passafrc of the act uf the 28th Pebraary, 1824, 
n6 most of the lota have been cunvevcd and recuiive^'cd by iierniissiun of the Spanbh a\ithortlies, more than 
10 yean prior to the aurtendcr of Florida (o Ihc United Statca. 



A decree of ibc Intendant Moralesin 1809, ratifyinR Ibe conccBsion oFPolcU made to tho grtnttt. 



m— I 



ABSTRACT -Continued. 



icisc. Vidal 

RoGuliii Garcin - 

Jiiio CsBillas 

cite Dctrcan 
Domingo Gonzales 

icUco Huvergas 
Uuniipigo Gonzales 

lo flo 

Manuel Domingues 
Domingo Gonzales 
Manuel Domingues 

la . de Grancl-pre- 
Jttlin Keyser'f' heiis 



Mara U. Morrel 
FranciBco Casini 
Gabriel Hcrnande: 
Matthew Hannah & Co. 
Mari& Morrell's heirs 
Joseph T. BcHUiluc 
' onia Molina 



Simanna 

Nelson and Itandolph 

Jolih Donulsoii 

John B. Cazenave & Co. 

iiicl Gonzales 
Pedro Sans 
Diego Salazer - 
Henry MtcUelet 
I.uiB Ptcrnas - 
Francisco Moreno 



Juli Hanton 
Jost-pli Gimarei 
" iraiit Krep 
Joseph Saul 



Francisco Vidat 
KreikTico Clausin 
Pedio Suhrcz - 

icis Mflx'ode San Ma: 
Martin Palas - 

Perina Maldonado 
Joseph Perez - 
Manuel Dorniufrucs 
Joseph P.rcz - 
Manuel Dominguez 



Gabriel Hernandc: 
do do 

do do 

Mlvestrc Gomez 



do 



do 



anuel Lava - 

.hn Ferby 
III do 

aria J- Ilonifay 
ih Panton 



iReis 



ndo 



Palilo de Li.iiri 
,utl Ordonez 
:entv Uarlongilc 
rppOonid - 



Septcmbei 

Aufiiist, 
St;ptembei 



March, 


1812 


May, 


1S12 


December 


1804 


Jul), 


1796 


.lo 


1796 


February, 


1810 


March, 


laio 


October, 


1815 


July, 


1760 



July 


1811 


April, 


18U4 


October, 


1810 


do 


do 




1811 


do 


1810 


January, 


1810 


March, 




April, 


1811 


September, 


1810 



160 
7;? 10 iucbe 


lce|, 
do . 


70 


do - 


7'> 


do - 


70 


do - 




do ■ 


70 


do - 


70 


do . 


70 


do - 


70 


do - 


70 


do . 


170' 


do - 
do - 


160 


do . 
do . 


89 5 inches 


do - 


71; 


do - 


70 
70 


do . 


170 
.51 


do 
d.. - 


170 
70 


do . 
do - 


70 


do - 


60 


do - 


70 


do - 


89 6 indies 


do - 


89 11 do 


do - 


200 


do - 


20 


do - 


20 


do 


70 


do - 


70 


do - 


70 


do - 


70 


do - 


70 


do . 


70 


do- 


70 


do - 


80 


do . 


70 


do - 


82 6 inches 


do - 


81 


do - 


60 


do - 


-7 


do - 


70 


do . 


70 


do - 


160 




SO 
170 

'70 
170 


do . 
do - 
do . 
do - 



Ink-ndunt Sliiralc! 



Govern. .rFolch 
lnip.i]d:iiil Morales 
Governor FolcU 



Karon dc Carondclet 



.L-rndaiil Mor.dcs 



Intendant Morale; 



Iiiteiidant Morales 
Governor Folch 
liitendant Morales 



13tb December, 



24th January, 1810 



Vincente S. Pintado 



Vinceiite S. Pintado 



Vincente S. Pintado 



1810 u 
lUlO.i 
ISIOu 
18100 
1804 
1807 
180? 
1810 G 



GliNF.KAL ItKMAHKS. 



veyan- 
ke out 
of the 
I every 
same, 
r acci- 

i been 
May, 
re lias 
claim- 
n and 
Jnitcd 
n pre- 
dence 
J heir 
by the 
y the 
at the 
•f (he 
ler to 
heuig 
scrip - 
rvtjf, 
m the 
it dif- 
3s or 
:r-3 of 
iioriP, 
'f the 
liav- 
aiial 

hori- 

tious 

' un- 
tive, 

were 

e the 

:^ord. 

I one 

3 pa- 

i Al- 
and 

lent. 

thus 

It Is 

iorS" 



Ill— J. 



ABSTRACT— Continued. 



Francisco Morcfi' 
Vlaria D. Acosl* 
JoliQ Cliabeaux 



Muria llivus 
Manuel Gonzales 
Efvabdla M. Denes 
K'lben Slarke 
Milan (le la Carrera 
BiTiiui'Jo Pagas 



John Forbes & Co. 



nan 


el Slone 


.loh 


Dunalson 




do 




do 




do 


Man 


uel Oonzalc 


Urn 


ry Michi-let 


Man 


icl Goii/.ulea 


Kan 


y I'Inlli,,, 



3 Gayerra 



Mariana Ealava 

do 
EsabeDa Casslnl 

do 
Antonio Gayetra 
Carliiii Hcrmandcz 
Cai'lus Lavalle 



John Forbes k Co. 

du 
Samuel Fontenell 
William Marsiiali 
William Pa.non 
Desiderio Quiiia 
Santiago Coleman 
Pedro Lavalle 

do 
Clipistoval de Armas 
Junn B Dulbssat 
Rafat-l Vidal 



Celeste Bienvenu 
EiDclitc Monbrum 
Pedro Pal as 



Diego Palmes 
Mariana Bonifay 
Fanny Phillips 



September, 1817 

August, 1805 



Deci-mber, 1817 



Ociobcr, 


1765 


April, 


1804 


April. 


1804 


Apnl, 




April, 


1804 


March, 


ISIO 


St?ptembep, 


1810 


January, 


1799 


January, 


1799 


January, 


1811 


October, 


1810 


October, 


1809 


October, 


1809 


September 


1766 


October, 


1765 


May, 


1795 


July. 


IBIS 


June, 


18U4 




1804 



February, 


1810 


April, 


1804 


December, 


1809 


April, 


1804 


November, 


1317 


April, 


1812 


April, 


1812 


April, 


1812 


April, 


1812 


November, 


1810 


June, 


1804 


October, 


179,-; 


May, 


1804 


April, 


1811 


April, 


1811 



r Folch 
it Morales 



Intendant Morales 

do 
Uaron de Carondtslet 

du 
lntend;int Morales 



r Folch 
it Morales 
r Folch 



Governor Folch 
Baron de Garondelet 
Governor Folch 
lLitend;uit Muralea 



20th March, 181 



EliasUumford 



Vicente S. Pintado 



18U4 
1806 
18UG u 



18U2o 
18U7 

18U4 (1 



'liesc two lots were exchnnf^d by the Spaniati Govfrnment for two others ovned by the cUim&nti, ind hire 

nil condition of impr vimi-nt* anneird to thelt t-mnt. 
II this ]uid many other loia, the improve incnti hi* i)rov(d to have been mmU' (trior to 1781, mulrr ihv Hniiih 

Govrriimcnt, and occupied cvci itacc. la the eUim to lou No. 13, 15, l(i, tbtrt i> t caneipoutling t[udcD 

lot granted and contirmcd. 



All which is respectfully submitUd. 



SAMtEL R. OVEHTON* 
30SEIMI M. WHirK. 
CHAViiN r. LlJUKKXr. 



[Ill] 

E. 

This class of claims is founded on acts of sale, or mesne conveyan- 
ces, to the present claimants. They have been unable to make out 
the deraignment to the original grantee but. in consequence of the 
transfer having been made before the Spanish tribunals, there is every 
reason to believe that there have been original grants for the same, 
which the parties concerned alleged were destroyed by time or acci- 
dent. 

The examination of the cases belonging to this class has been 
made under the several acts of Congress passed on the 8th May, 
1822, February 27lh, 1823, and 28th February. 1824, and there has 
been a uniform adherence to their several requisitions. The claim- 
ants adduced testimony which proved, that they had built upon and 
enclosed their lots prior to the cession of the Floridas to the United 
States, and fulfilled the usual conditions, or where they had been pre- 
vented by the causes enumerated in the treaty, it was in evidence 
that they completed them iJter the date of that instrument. J'lu-ir 
individual right to the lots, and that it had been so recognized by the 
Spanish authorities, were considered as clearly established by tl'.e 
claimants. The 7th article of Morales' regulations ()rovides that the 
commandants of ])osts shall not take any acknowledgment of the 
conveyance of land or lots, unless the seller present, and deliAcr to 
the buyer, the title which lie has obtained, and, in addition, be ng 
careful to insert in the deed the metes and bounds, and oiker descrtj)- 
tioiis which result from the title, and the process verbal of the survey, 
which ought to accompany it. In West Florida, it appears from the 
title papers of the claimants, that these transfers were made at dif- 
ferent periods before the Governor or Subdelegates, Esrribanos or 
Notaries of Government and Alcades. By the laws and usages of 
Spain, all these officers exercised judicial powers on such occasions, 
and they were required to see that the origin and derivati(tn of the 
claims were regular and legitimate. The circumstance of their hav- 
ing passed through these tribunals, is to be considered as a notarial 
act, and is, of itself, a virtual recognition of the tit'e by the authori- 
ties of Spain. It likewise created a presumption that the conditions 
had been fulfilled, asthe legulations of Morales forbid a transfer un- 
der any other circumstances. Wherethe deraignment then is defective, 
we are bound to infer that all the necessary evidences of titles were 
presented to these offices, either in a written or verbal form, before the 
title was passed, or the conveyance permitted to be placed upon record. 

These mesne conveyances, which conveyed the property from one 
person to another, were recorded in the Government Office, the pa- 
pers of which, after the cession, were transferred to that of the Al- 
cade. In some cases title papers ot this description are absent and 
which has been alleged to have been the result of time and acf iilent. 
These mesne conveyances recite some of the preceding ones, and tluis 
set forth partially the deraignment to ^t!ie original giantee. It is 
understootl to have been both the law and tl'.e practice in West Flori- 
K. 



[lit] 

da, to consider these recitations as conclusive, and the claimants 
threw away the precedinj^ conveyance, after the transfer before the 
proper otticer, and the deed was spread upon the record. Where tlie 
orii^inals were accidentally lost or destroyed, these were the best 
evidences of which the case was susceptible. As far as the chain of 
title was completed in this shape, the same was believed consummated; 
it was exempt from controversy or interruption, and no further evi- 
dence was ever required to establish its validity in the Spanish tribu- 
nals. 

From these considerations, the Commissioners are constrained to 
entertain the opinion, that these claims are valid agreeably to the 
laws and ordinances of Spain, and have therefore given them confir- 
mation. 

A!l of which is respectfully submitted by the undersigned Commis- 
sioners, 

SAMUI L R. OVERTON, 
JOSEPH M WHITE 
CRAVEN P. LUCRETT. 



ill— L. 



E. 



of Claims to Lots in Pensacola, founded upon mesne conveyances, passed before the Governor, Alcalde, orN;>tar)', wliich purport to liavcbcen made gi'atuitously by the Spanish and British 

Governments, and M'hich have been confirmed by the undersigned Commissioners. 



































=" 


n 


»T WHOM CL41MEII. 


°-"'" ■""""■ 








™>- 




"-»"" 


,or.o 




aaronzwucassan. 








tENEIlXL IIEIIAUKS. 




i 


Month. 


Year. 


When. 


Where. 


From. 


To. 




1 


Peter Alln 


William Wiltoti 


Mesne conveyance - 


January, 


1782 


52 


80 f 


ectfrantby" 


170 


feet deep - 


Governor O'Neily 








1782 


1823 


In this claim Iherr is a corresponding ginlcn lot granted and coiifiimed. 




2 


Peter Alba 




William Jolinson 




do . 


February, 


1682 




80 


do 


170 


do 


do 




















1782 


18;3 


In this claim there is also a corresponding ganlcn lot granted and coiilirined. 




3 


Fr«iii:i.co Bona) 




M:iria Rivas 




do 






1797 


1 


40 


do 


120 


do 


Governor Folch 




















1790 


1823 






4 


Jolin Erigt'ley 




do - 




do 




J^u'lf,""' 


17<j7 


1 


40 


do 


120 


do 


do 




















1781 


1823 






i 


Jnsepli Noriega 




William ^mith 




do 




November, 


1 801 


55 


80 


do 


170 


do 


do 




















1781 


1823 






6 


Eiig.-nio A. Lierra 




James Kirk 




do 




December, 


1781 


170 


80 


do 


170 


do 






















1-85 


1823 






7 


Kiigenio A. Licira 




Patrick Strechan 




do 




January, 


181)8 


45 


80 


do 


170 


do 


Governor San Maxent 




















1781 


1823 






8 


Juaeph Lapiola 




Juaeph Diimingo 




do 




v'arch. 


1790 


138 


80 


do 


170 


do 






















1781 


1823 






9 


ilo do . 




Pedro G;>i'con • 




do 




January, 


17S6 


180 


80 


do 


170 


do 






















1796 


1823 






10 


Juan de k Rua 




Tliomas Uuiinford 




do 




March, 


1807 


5 


80 


do 


170 


do 






















1807 








11 

12 


Mariana Bonifay 




.TulmAint^r 




do 




Mav, 


1781 


162 


40 


.10 


170 


do 


Genentl Espleta 
























? In these claims, where date of the building »nd enclosure is omitted, they arc recognized and admitted in Ilie 


Antonio Pol 




Mariana Boiiifuy 




do 




ApVil, 


1809 


162 


40 


do 


170 


do 


























i title papers, without ghing the time. 




13 


Samuel M. Smith 




Christoval Armas 




do 




FLbruaiy, 


1308 


282 


80 


ilo 


170 


do 






















1811 


1823 




14 


>lo do - 




-I'liomas Itusse 




do 




July, 


1811J 


114 


43 


do 


170 


do 


William King, Gov. 




















1810 


1823 






15 


Charles Lavalle &Co. 




Thomas P„BhIey 




do 




Si'i.ternbcr 


1781 


179 


80 


do 


170 


do 


Governor O'Neily 




























16 


Henry Miclielet 




John Domingucs 




do 




March, 


1810 


118 


53 


ilo 


170 


do 


Gov. San Maxent 




















1796 


1823 






17 


John Meeker • 




John Goe« 




do 




January, 


1811 


118 


37 


do 


170 


do 


do 




























18 


t!o do 




John Joyce 




do 




August, 


1794 


119 


18 


ilo 


iro 


do 






























19 


Lawrence Wood 




do - 




do 




,\ugust. 


1794 


119 


62 


do 


170. 


do 






























20 


Maria lluby 




Fernando Moreno 




do 




June, 


1790 


24 


•10 


do 


170 


do 


Governor O'Neily 




















1782 


1823 






21 


Salvador Huby 




Dieffo Frailie • 




do 




May, 


1782 


50 


80 


do 


170 


do 


db 




























22 


do 




Francisco Falicc 




do 




June, 


1801 


126 


80 


do 


170 


do 


Governor Folch 




















1781 


1823 






23 


do 




do - 




do 




June, 


1801 


127 


80 


do 


170 


do 


do 




















1781 


1823 






24 


do 




Julm Stephenson 




do 




April, 


1782 


18 


60 


do 


125 


do 


Governor O'Neily 




























25 
26 


do 
Jobn Innrlrarity 




do 
do 




do 
do 




April, 
April, 


1782 
1782 


Yj 


45 
35 


do 
do 


125 
125 


ilo 
do 


do 
do 




















1782 


1853 


Ill this claim, 'Jicrc is two corrMpimding garden lots. No. 17 and 19, grMited Old eonftrilled. 




27 


Salvador Uuby 




Joseph lleviK - 




do 




May, 


1809 


122 


80 


do 


170 


do 


Governor Uannique 




















18U6 


1823 






28 


Maria Carlutta . 




Francisco Lava 




do 




Jainiary, 


1815 


129 


80 


do 


170 


do 






















1806 


1820 






29 


Jose|)li Marcus Tio 








do 




August, 


1796 


lai 


80 


du 


170 


do 


Governor Gelavert 




















1783 








30 


Josepii Orlia 




Miguel Lousse 




do 




June, 


1808 


322 


80 


do 


170 


do 






















1804 








31 


Vicente lliccnt 




Bartclome Ri'^nar 




do 




June, 


1805 


185 


80 


do 


170 


do 


Governor Folch 




















1804 


1821 






32 


Juan Garrt-te 




'•liffiitrl Uarcrlo 




do 




September 


1807 


164 


80 


do 


1-0 


do 


Assessor Hermandez 




















1781 


1823 






33 


William M'Voy 




Esabelle Umsliier 




do 




September 


1781 


200 


80 


do 


80 


do 


Governor O'Neily 




















1796 


1823 






34 


Ilatiiel Duval ■ 




<lo 




do 




September 


1781 


200 


80 


do 


SO 


do 1 


do 




















1796 


1823 






36 


Cenacn Lnpcz 




do 




do 




October, 


1788 


172 


80 


do 


iro 


do 


do 




















1781 


1823 






37 


Jobn Doiialsua 




E, R. Wc^^ . 




do 




January, 


1-8-2 




CO 


d.> 






do 




























38 


•I'boinas Wriglit He Co, 




Esabelle Drashier 




do 




September 


1781 


173 






170 


di ,- 


do 




















1781 


1833 






39 


Domingo Torry 




Juun DuTninffues 




do 




March, 


1810 


81 


48 


do 


80 


do 


Governor ColkU 




















1804 


1810 






40 


Annas Mneslrc 




do 




do 




March, 


1810 


81 


80 


A, 


80 


do 


do 




















1804 


1810 






41 


John Keyaer - 




do 




do 




M.ircli, 


1810 


81 


40 


do 


80 


Jo 


do 




















1804 


1810 






42 


Alfonsa Salas - 




Peler Gilchrist 




do 




March, 


1801 


75 


80 


do 


85 


do 


Governor Folch 




















1608 


1833 






43 


' cdio -.cndosa 








do 




March, 


1801 


75 


80 


do 


85 


do 


do 




















18^8 


1823 






44 


i;»»hclU Chauvin 




Uavid Hodge - 




do 




November, 


1794 


9 


80 fee 


j of the lot 


140 


do 


Governor White 






























Manenlb 1,. Ccnleno 




<io 




do 




November, 


1794 


9 


40 du 


] orthe !»m 


e 40 


do 


do 




























46 


AugUnliuL- Perez 




do 




do 




November, 


1794 


.57 


40 1 


eellioal by 


170 


do 






















1801 


1833 






47 


John II. Il.ward 




do 




do 




November, 


1794 


57 


40 


do 


170 


do 






















do 


du 






48 


Vnigo Garcia ■ 




Juaii UominPues 




do 




April, 


1804 


54 


40 


do 


170 


do 


Governor Foldi 




















1790 


1623 
1823 
1833 






49 


Joseph lloclie 




a.. 




<Io 




April, 


1804 


54 


40 


du 


170 


do 


do 


















1790 






50 


do 




Daniel Ward • 




do 




August, 


1794 


10- 


80 


do 


170 


do 


Governor Whito 




















1788 







da, 
thr( 
pro 
oi'ii 
evi 
titl 

it. ^ 
del 
nal 
J 
enl 
lav 
mi 



SIC 



ABSTRACT— Continupil. 



Jnh 


H 


Ilownrd 


Wil 


iam 


Finclibactk 


Jose 


pi, 


r. BjWiuluc 


Kanion 


Santiago 


Jcili 


II 




Jnh 


M 


Fiinn 






<;olein 


K.ni 


irn 


me Hi nurd 


Jua 
Mat 


z 


Lasoda 
liermandez 
Orespo, Uei 


Josf 


ph 


:;iistiiio 


Mm 




Simon 


JoU 


IIov.ey - 



llicliard K. Cidl 



Maria and Augiistine C 
Mallicw llunnali 
U. sidcno (iuma 
JolmM.Kliiiii - 
Mifriict Quiglea 
Joseph Tuplola 

Joliii dc la Ruft 



David Hodffe - 
Antonio Garcon 
Josepli (.'olbert 
Widow Fiouillet 
E. |{. Wtgff 
Anna M'Voy - 
Suwnnah M'Voy 
David Hodge - 
Joseph Duransu 
John Lacoala 
Pedro Kernon 
Esabelle de Cobos 
Ualta:!ar Centino 

do 
Juan M. Perchet 
Juan la Costa - 
JohnMilchell - 
John Iluby 
Joaquin Uurrela 

do 
Juan la Costa • 
fiUo Suarrez 
Jn;i(]uin Darrela 



Mdandi^laCariei 
redroKeggio - 



October, 


1811 


January, 


nsi 


September, 


1S07 




18U7 


Novcmljer, 


1?94 


June, 


1797 




1793 



do 


1805 


ilo 


18U5 


April, 


18U4 


June, 


1804 




llil7 


July, 


1811 


A;,ril, 


1804 



3^1 feet front 40 



U m. King 



Governor Manrique 

Bruckenridge Meade 
Grand Pre Aic;.de 
"'Overnoi-Folch 
Biitoii de Caroridelet 
Governor San Uajiient 



Governor San M^: 
Intendaiit Morales 
Governor Folch 



1804 


ISij 


1799 


do 


1810 


do 


ilo 


1811 


1791 


)»23 


ISOJ 


do 


do 


do 


1806 


do 


IbOi 


1817 


18119 


181, 


1810 


18I'J 


J 804 


1807 



GKNEUAL ni:MAKK8. 



:sponJln(j garden lot, ffrantciland conflrr 



1 1 1— N. 



ABSTRACT— Continued. 



E 












....OPC..M. 












so,vsv„. 


.„..„.„,.,„.., cos... 




X 


Br WHOM CLAIMED, 


OnlGIKAL GltAHTEE. 






HEFOIIE VraOM rASSBIT, 








GENERAL REMARKS. 


^ 








Month* Year. 










When. 


By whom. 


Rom. 


To. 




103 


Samuel M. Smilh 


Juan Domingues 


Mesne conveyance - 


July, 


810 


115 


40 feet front by 170 


feet deep - 


Governor Wm. King 






810 






104 


Aiidpes Monton 




Francisco Maitiiies 




Grant 


April, 


796 


193 


75 do 6 inches 112 


do 


Boron de Corondelet - 




















.796 


1833 




105 


Dominpo Hernandez 




John La Coiila 




do 


August, 1 


805 


288 


40 feet front by 170 


da 


Governor Kolch 




















.804 


1805 




106 
107 


Santiago Coleman 
Frlicita Boisdore 




do 
Joseph Collins 




do 
do 


August, ] 
June, 


805 

sot 


288 
7 


40 do 170 
40 do ISO 


do 
do 


do 
do 




















1804 
18U5 


1805 
1806 




108 


Maria J. Nicholas 




do 




do 


June, 


80.1 


7 


40 do 100 


de 


do 






















1806 




109 


harles Evans 
Maria Uuque 




Pedro Suarrez 
Juan Fernandez 




do 
Mesne conveyance - 


June, 
April, 


804 
810 


7 
354 


40 do 200 
80 do 80 


do 
do 


do 
Grand Pre Alcade 




















1805 
1811 


1806 
1823 




111 
112 
113 


Wm. Harnett - 
Muria Ruby 
Bellram Soucliet 




Francisco Tourra 
Joseph Dunford 
Carlos Lavalle 




Grant 
do 
Concession 


August, 

July, 

April, 


804 
804 
804 


163 

24 
289 


80 do 170 
40 do 170 
80 do 170 


do 
do 
do 


Governor Folch 
do 
do 




















1806 
1804 
1804 


1823 
1806 
1823 




11-1 
115 
116 


"ablo Granperu's heirs 
Rosalia Martinez 
Anna Folch 




Joacquin Barrella 
Manuel Bara 
Juan B. Dubrevil 




do 
do 
do 


Jul,, 
October, 


804 
804 
819 


152 
94 


80 do 170 
40 .10 170 
40 do 170 


do 
do 
do 


do 
do 
Inteudant Morales 




















1803 
1804 
1809 


1823 




117 


Felicite Deiron 




Pedro Palou 




do 


March, 


819 


276 


80 do 170 


do 


Governor San Maxent 




















1804 


1805 




118 


Cai'loln Lapassier 




Francisco Marejon 




do 


June, 


804 


121 


80 do 170 


do 


Auditor Hernandez 




















1804 


1805 




119 


George Bowie 




Pedro Gordillo 




Mesne conveyance 


January, 


809 


277 


80 do 170 


do 


Wm. King, Gov. 




















1804 


1820 




120 


Manuel del Barco 




Juan Uominguez 




Coucession 


Mav, 


804 


83 


80 do 170 


do 


Governor Folch 




















1806 


1823 




121 


Joseph Canzoso 




Manuel Gonzales 




do 


May, 


804 


290 


40 do 170 


do 


do 




















1804 






122 


Manuel Hernandez 




do 




do 


M:iy, 


804 


290 


40 do 170 


do 


do 




















1804 






123 


John Don .Idson 




Pedro Garzon 




Mesne conveyance - 




804 


99 


40 do 170 


do 


Governor Hasot 




















1804 






124 


JuHiesFinlay 




Anna Ybcr 




Grant 


Septembftp, 


810 


331 


SO do 170 


do 


Intendant Morales 




















1810 


1811 




125 


Antonio Miralla 




Thomas Birot 




Concession 


May, 


808 


281 


80 do 170 


do 


Governor Callava 




















1804 


1805 




126 


Francisco Bellestre 




Loais Pricto- 




do 


April. 


804 


131 


80 do 80 


do 


Governor Folch 




















180.1 


1805 




127 


Garbiel Hernandez 




do 




do 


April, 


804 


131 


40 do 80 


do 


do 




















1804 


1805 




128 


J hn Chabeaux 




Domingo Hernandes 




Grant 




?S5 


78 


SO do 170 


do 


Governor O'Niely 




















1785 






129 


Milan de la Carrera 




Vicente F. Texerio 




Concession 


Februarj', 


805 


296 


80 do 170 


do 


Governor Folch 




















1804 






130 


Caroline Vidai 




Carlos Siera 




Mesne conveyance 


May, 


814 


246 


40 do 80 


do 


Alcada Fontenals 




















1810 






131 
132 


Joseph Marcos Tjo 
Civilio de Morant 




PiiilippePrielo 
ArnulddeCarville 




do do 
Grant 


February, 
December, 


810 
806 


272 
20 


80 do 170 
80 do 170 


do 
do 


Intendant Morales 




















1804 
1807 


1811 


In this claim there is a corresponding garilen lot granted and conlirmed. 


133 


Francisco Egldo 




Alfonso Garcia 




do 


February, 


810 


325 


40 do 170 


do 


do 




















1810 
1813 






134 


John H. Howard 




Sabaslian Gili 




do 


April. 


812 


156 


80 do 170 


do 


do 




















1810 
1810 




135 
136 
137 


Carlota Etienne 
Jay me Nette 
Joseph Boniffty 




Joseph H. de Armas 

do 
Francisco Hembemder 




do 
do 
Concession 


November, 
November, 
April, 


808 
SOS 
808 


59 
59 
65 


40 do 170 

40 do iro 

40 do 170 


do 
do 
do 


do 
do 
Governor Callava 




















1809 
1809 


In a large number of these claims, the extracts and meinj conveyances retite the dslo of the oonCMsion, pirtieii- 
larly in tlie acts of salo of the grantee as explained in our report. Tie Improvements are also recognijed in 
tUe acts of sale. 


138 


Francisco Cnsine 




do 




do 


April, 


808 


65 


40 do 170 


do 


do 
























130 


Joseph Bonifay 




Francisco Durell 




do 


April, 


804 


293 


80 do 170 


do 


Governor Folch 




















1807 
1804 
1804 






140 


do 




flaphael Ramos 




do 




304 


205 


80 do 170 


do 


do 
























141 


Pedro Reggio 




Joseph Rriones 




do 


June, 


1804 


161 


80 do 170 


do 


do 
























142 


Uuniel Stone 




Nicolas Gonzales 




Mesne conveyance 


April, 


811 


160 


80 do 170 


do 


do 


























143 


William Woodward 




AntomodeDubrebil 




Grant 


Octob.r, 


1309 


247 


80 do 170 


do 


Governor Soto 




















1810 
1810 
1809 
1810 


1811 
1811 
1810 
1811 




144 


Joseph Jardela 




Vicente S. Pintado 




do 


Februiiry, 


1810 


236 


80 do 170 


do 


Intendanl Uorales 






















145 1 do 




do 




do 


FebrUiirv, 


1810 


237 


80 do 170 


do 


do 






















146 Alexander Cummings 

147 1 do 




Pedro Rola 
Manuel Ulas 




do 
do 


October, 
March, 


1809 
1810 


26 
325 


80 do 170 
40 do 170 


do 
do 


do 
Governor Masot 






















148 


Maiia Pricto 




Francisco G. Arroyo 




do 


Marcl), 


1310 


183 


79 do 1-0 


do 


1 Intendant Morales 




















1810 


1811 





All of which is rcsiicctfiillj' subiiiiltctl. 



SAMUKL R. OVERTON, 
JOSEl'II M- WHITE, 
CRAVKN 1'. LUCKE'IT. 



[Ill] 

The sales, it is understood, were made in conformity with the pro- 
vision of the 34th article of Morales' Regulations, which requires all 
lots or seats belonging to the royal domain, to be sold for ready mo- 
ney, with the formalities prescribed for the sale of lands. Such dispo- 
sitions of public property were always made in obedience to a decree of 
the Board of Royal Treasury, which was composed of the Subdelegate 
or Intendant, the Fiscal, or King's Attorney and the Auditor of War, 
with an Escribano or Notary, by whom these proceedings were coun- 
tersigned and recorded. 

In most cases the deraignment is completed by the papers filed, and 
certified extracts from the archives now remaining in this territory. 
Where the chain of title is incomplete, the claimants adduced proof 
to shew that their written evidences of title, constituting the absent 
links, could not be obtained in consequence of their being lost or de- 
stroyed by time or accidents* as explained in our preceding reports. 
This, with the possession of the property, and the recognition of the 
titles by the Spanish authorities, was believed to be the best evidence, 
and, in the opinion of the Commissioners, authorized their confirm- 
ation. 

Where the original title was filed, or its date recited in the mesne 
conveyance, we have inserted it in our abstracts; otherwise we have 
given the date of the deed to the next oldest grantee. 

All of which is respectfully submitted by the undersigned Comr 
missioners. 

SAMUEL R. OVERION, 
JOSEPH M. WHITE. 
CRAVEN P. LUCKETT. 



Ill— p 



F. 



of Claims to Lots in Pensacola, founded upon sales at Auction , by the Spanish Government, and which have been confirmed by the under- 
signed Commissioners. 



Mariana Bonifay 

do 
Diego Salazar 
Delaide F:.llasco 
Maria F. Gomez 
Arnauldo Guillemand 
Fi-ancisco Lopez 



Beltram Souchet 

do 
Jose Ortez 
Francisco Tonard 
Juan Malagoaa 
Luis Maestre 
John H. Howard 
Wm. P. Anderson 
Joseph Bonifay 
James Simpson 
Josepli Bonifay 
John Brosnaham 
Vicente Crespo 
John R. Fenwicfc 
Manuel Bonifay 











n„Hore.™ 


™».«. 








SURVEYED. 


. 
















GENERAL REMARKS. 








Month. Year. 








'""■"• 


.TwnoM. 






Pedro de Alba 


Snip 


July, 


804 




80 feet front by 170 feet in depth 


Governor Folch 








Francisco G. de Arroyo 


do 


do 


804 


. 117 


80 do 170 do 


do 










Mariana Bonifay 


do 


do 


804 


184 


SO do 170 ■ do 


do 










do 




do 


do 


804 


165 


So do 170 do 


do 










' Joacquin de Osorno 




do 


do 


804 


123 


80 do 170 do 


do 










1 Millan de la Carrera 




do 


June, 


804 


73 


40 do 170 do 


do 










do 




do 


do 


804 


73 


40 do 170 do 


do 










Joacquin Barela 




do 


July, 


804 


116 


40 do 170 do 


do 










do 




do 


do 


804 


116 


40 do 170 do 


do 










1 Antonio Montero 




do 


do 


804 


31 


80 do 170 do 


do 










■ Salvador Ruby 




do 


do 


804 


72 


80 ■ do 170 do 


do 










1 do 




do 


do 


804 


124 


80 do 170 do 


do 










' Antonio Montero 




do 


do 


804 


211 


80 do 170 do 


do 










do 




do 


do 


804 


212 


80 do 170 do 


do 










■Pedro de Alba 




do 


do 


804 


6 


80 do 170 do 


do 










Francisco Tonard 




do 


do 


804 


112 


52 do 80 do 


do 










tEuffenio Antonio Sierra 




do 


do 


804 


111 


SO do 80 do 


do 










1 'Francisco Simon 




do 


do 


804 


114 


80 do 170 do 


do 










'Vicente Crespo 




do 


do 


804 


6 double 


83 do 230 do 


do 










1 Joacquin Oiiurno 




do 


do 


804 


25 


80 do 170 do 


do 










'. : Miguel Morales 




do 


June, 


814 


167 


SO ■ do 170 do 


do 










t, Pedro Gordillo * 




do 


do 


804 


120 


80 do . 170 do 


do 










;/ Ral'all Bamos 




do 


do 


804 


168 


80 do 170 do 


do 










Milan de la Carrera 




do 


do 


804 


68 


80 do 170 do 


do 










Vicente Crespo 




do 


do 


804 


140 


80 do 170 do 


do 










Francisco Bodkin 




do 


do 


804 


77 


80 do 170 do 


do 










Mariana Bonifay 
Marcos de Villiers 




do 
do 


July, 
August, 


804 
804 


165 
245 


40 do 170 do 
166 fron: by 342}, 55 by 358. ft 6 in. 


do 
do 




14th November, 1810 - 


Vicente S. PinUdo 




, Joseph Noriega 




do 


February, 


810 


87 


86 feet front by 78 feet in depth 


Intendant Morales 




24th January, 1810 . 


do- 
do • 






do 




do 


do 


810 


88 


78 do 171 2inches 


do 




do 





All which is respectfully submitted. 



SAMUEL L. OVERTON, 
JOSEPH W. WHITE, 
CBAVJSN P. LUCK.KTT. 



^ 



HI— a 



ABSTR AC!?- -Continued. 



Julin • habeaux 
iago Colmaii 
osco Bonal 

Eugtnio A. Siem 



1 El widow M'Plicrson 



Adelaide Maroleau 



Millan de la Carrera 



Henry Micticlet 
Jnhii Inn-rarity 
Hiirvey Elkiiis 
Lawrence Wood 



Adelaide Marote 



Antonio Montero 



Deed from the Cabild' 

do 
Certificate of sale 



Deed from the Cabildo 



Mesne conveyance 



Certificate of nale 



80 feet front by 



40 feet front by 

80 ftfct front by 



I9lli January, IHOT Vincente S. Pintado 



5th December, 1817 



GENERAL REMAIIRS. 



I Uc< 



:r. 181 



AU of whicli is respectfully submitted. 



03d Dicembcr, 18! 
15lb UrCiHibcr, 18 
15th December. 18! 
15ih December, 181 
19ll\ December, 18 
19t1i DtXL-mber. IS 
7lU December, 18 



31st December, 1815. 



n the year 1813 or 14. 



22d December, 1813. 



iR the year 1813. 
9ih June, 1813. 
34tU December, 1617. 



SAMUKL 11. OVERTON, 
JOSfciPll W. AVHITK. 



[Ill] 



G. 

These claims have been rejected by the undersigned Commission- 
ers for vaiious considerations. Some were believed to be antedated 
and fraudulent; and others contrary to the laws and ordinances of 
Spain. The claimants, in some instances, failed to fulfil, substantial- 
ly, the Conditions of their grants within the period required by the 
regulations of Morales, and were unable to show that they were en- 
titled to the additional indulgence contained in the 8th article of the 
treaty between Spain and the United States. Where the party was 
proven to be entitled to this indulgence, there was no evidence adduc- 
ed to prove that he or she had availed themselves of it. In other cases, 
it appeared that the claims had not emanated from his Catholic Ma- 
jesty, or his lawful authorities in West Florida, prior to the 24tli 
January, 1818, or that the order of survey had not been actually ex- 
ecuted anterior to that period. The claimants did not make out such 
a title as would have been valid under the treaty, and acts of Con- 
gress, or the laws and ordinances of Spain. 

All of which is respectfully submitted, by the undersigned Com* 
missioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN P. LUCKETT. 



K. 



iJi— s. 



G. 



AN ABSTRACT of Claims to Land in West Florida, founded on Grants, Concessions, and Orders of survey, made gratuitloiisly by the Spanish Government upon the condif f 1 • «■ 

cultivation, and which have been rejected by the undersigned Commissioners. ' '*^*^ cleanng and 



Francisco Vidal 
Peter Alba,sen. 
Peter Alba, sen. 
Peter Albt, sen. 

Cirilo tie Horant 
Cirilo de Morant 
WiUiam King 



Joseph E. Canovag 
Juan Ximenes 



Carlos Baron - 

Francisco Vidal 
Josfiph Gatxipa 
Pedro Alba, sen. 
Manual M.iura 

Cirilo de Morant 
Desiderio Guina 
Bamon Viltalta 



Joseph C. Canovas 
Juan Ximencs 



Month. Year, 



8th Oct. 1817 
28lh May, 1818 
18th Dec. ISir 



8lh Oct. 1817 
aOlliJan. 1818 
9th March, 1818 



9th March, 1818 
2SthMay, 1818 



Escambia River 

Island of St. Rosa ■ 
Pine Barrtn Creek 
Escambia River 
Pine Barren Creek 

12^ miles N. W. of Pensacola 
11 miles N. W. of Penaacola 
Near the town of Pensacoia 



On the eastern side of Ferdido 
West of Bayou Texas 



Governor Jose Masot 
Intcndant Ramirez 
Governor Jose de Masot 



Intendant Bamlrez 



irthfc 18th May, 1818 
12ih September, 1819 
5th & 6lh July, 1820 



ISthJuly, 
I3tb April, 
16lh July, 



1st & 2d March, 1818 
3d March, 1818 

29lh April, 1818 



2rtli November, 1818 Pedro Reggi 



Antonio Baldera) 



Antonio Balderas 



Pedro Reggio 

do 
Vicente S, Pintads 



Kelkel, who made the improvement dcnie« having don« eo 
PringlL-, who made the improvemrnis, provea that Ik« did n 



Tiproved undertlie doni 



ailicted by Anlnnia Colein. 



w the agent of Souchet, uml cUims thu land under the donalion act. 
t ictUc on Dwron'. trtct, nor v,« he hi. tenant, and claims the laud 



Albu purchased of GHrriga, 4Tb AuBns^ 1820, Im.gjtfierthcimpro^^^ 
n bis claim a WMer was rxl,,ba.d and prm,-d.u. which the claimant himsrlf acknowledges Umt he baH^^^ „^ 



On tbr lOih March, 1818, Viccult- 

land to be gnintcd; bill It dues u 

No evidence produced in this case. 



IZZ ^IbolTemlfr r8';L°''i.'r„'f h' ^r"' °' "'«'"'«<'». S"» ' '"Py of fl.. pl.t .nd 



^ S9lli April, 131B, i 
aplotMnd.deicnptii 



All which, is respectfully submitted. 



SAMrRL R. OVEirrON, 
JO-KIMI M. WUITE, 
GUAViiN P. LUCBJSTT. 



ill— T 


AN ABSTRAC 

i 


n 
§ 


BT WHOM CLAl 




1 


Pablo Palmes - 


2 


Vicente Batktongue 


3 


John GaylT 


4 


Benjamin Hadley 


5 


Joel A. M'Davids 


6 


James Wilkins 


7 


Druny Manning 


8 


Needham Parker 


9 


Elijah H Holmes 


10 


Henry O'Neal 


11 


Abi'aham Pringle 


12 


Joseph Nelson 


13 


Jacob Kelker 


14 


Jonathan Bamker 


15 


Nathaniel Hawthorn 


16 


James Bruster 


17 


Thomas Thrift 



Ill— T 



H. 



AN ABSTRACT of Claims to Land in West Florida, founded upon actual inhabitation and cultivation previo'is to the 22d of February. 
1819, for which certificates of confirmation have been granted by the undersigned Commissioners. 





BT WHOM CLAIMED. 


AGE. 


aUANTITT 
OF ACaBS. 


WHETIE SITUATED. 


OCCnPATIOK & CDLTIVATIGS. 




g 


From. 


To 


GENERAL REMARKS. 


1 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 


Pablo Palmes - 
Vicente Batletongue - 
John Gaylf r 
Benjamin Hadley 
Joel A. M'Davids 
James Wilkins 
Druny Manning 
Needham Parker 
Elijah H Holmes 
Henry O'Neal 
Abraham Pringle 
Joseph Nelson 
Jacob Kelker 
Jonathan Bamker 
Nathaniel Hawthorn - 
James Brusler 
Thomas Thrift 


21 

21 
21 
21 
21 
21 
21 
21 
21 
21 
21 
31 
21 
21 
21 
21 
21 


640 
640 
640 
640 
640 
640 
640 
640 
640 
640 
640 
640 
64C 
640 
640 
640 
640 


N. E. of Pasa del Yudio 

North of Uayou de la Foucha 

N, W.and S. E. of Pine Barren creek 

Rich I^ands Ponds 

On Claiborne Uoad 

At the head of Indian Pass 

West of Escambia river 

East side of Escambia river 

N. E. of Ed.erely's creek 

West of river Escambia 

North of river Escambia 

East side of the Escambia river 

East side of Escambia river 

East side of Chactavvliatchee river - 

Pine Level Edgely's creek - 

East side of Escambia river 

West of Escambia river 


1817 
1818 
1817 
1817 
1817 
1818 
1819 
1818 
1818 
1819 
1819 
1818 
1817 
1817 
1818 
1819 
1819 


1820 
1824 
1824 
1819 
1824 
1819 
1821 
1819 
1819 
1824 
1824 
1819 
1824 
1820 
1819 
1821 
1820 


As these claims are located in a section of country where the lands are not valuable, the Com. 
missioners have considered it advisable, in all cases, to allow 640 acres. 

Confirmed so as not to interfere with Miguel Cluiglea> 



All which is respectfully submitted. 



SAMUEL 11. OVERTON, 
JOSEPH M. WHITE, 
CRAVEN r. LUCKETT. 



[Ill] 69 



CoMMissioKEEs' Office, 

Pensacola, January 20, 1825. 

Sir: In compliance with the requisitions of the several acts of Con- 
gress organizing the Board of Cuinmissioners in the District of West 
Florida, and regulating their duties, the undersigned have the honor 
to transmit, herewith, the following abstracts and reports, in addition 
to those already forwarded to your Department: 

First. A special report upon claims exceeding 3,500 acres, with the 
opinions of the Commissioners, numbered from 10 to 11. 

Second. Sj)ecial reports on conflicting claims, emanating from the 
British and S])anish Governments, with an abstract of the evidence, 
numbered from 1 to 30. 

Third. An abstract and report upon claims to lots in the village of 
St. Carlos de Barancas, mar Iced I. 

Fourth. An abstract and report upon sales at auction, which have 
been rejected by the undersigned Commissioners, marked K. 

Fifth. An abstract and report upon claims to lots laid out on the 
public square, by the Cabiido of Pensacola, in 1813-14, marked L, 
with a plan of said alteration. 

Sixth. An abstract and report upon British claims, marked M. 

Seventh. A general abstract and report upon claims, some of which 
fall within the preceding classes, and others of an anomalous charac- 
ter, marked N. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 
Hob. Wm. H. Crawford, 

Secretary of the Treasury ^ Washington. 



¥ 



70 [lii] 



pirst — a special report jipon claims exceeding 3,500 ac/res, with the 
opinions of the Commissioners ^ numbered from 10 to 11. 



No. 10. 

A REPORT 

Of a claim of Vicente Sebastian Pintado to six lots in the city of 
Pensacola, numbers 11, 13. 14, 15, 16, and 18, situated between the 
squares of Ferdinand and Seville, and also the space of ground situaied 
between Seville square and the Bay, bounded by high water in calm 
weather: besides ten tiiousand arpens of land and water situated in 
the disti'ict of West Florida, in the different places designated by the 
figurative plats presented, and the description of each set forth and 
mentioned in the following certificates, from A to F; by titles eman- 
ating from the Spanish government, with an abstract of the evidence, 
reported in conformity to the provisions of an act of Congress, ap- 
proved May 8th, 1822. entitled <'An act for ascertaining claims and 
titles to lands in the Territories of Florida," by the undersigned 
commissioners, to wit : 

The claim of Vicente Sebastian Pintado to the above seven lots 
and ten thousand arpens of land, derived from Spanish titles, is 
founded on.^ — 

An original grant, or title, in form, made by Don Alexandro Ra- 
mirez, Intendant and Superintendant General of the Island of Cuba 
and City of Havana, &c. &c., stating that, whereas Vicente Sebas- 
tiai! Pintado, Surveyor General, presented a petition to this Intend- 
ancy the l9th of November last, stating the considerable expenses he 
had incuned by lus removal to this City by my order, in agreement 
witb that of the Captain General, for affairs interesting to his Majes- 
ty's service, and also the removal of his family, sacrificing his pro- 
perty : and praying, that, as an indemnity, there may be conceded to 
him in full property six lots in the town of Pensacola, among those 
which were put up to sale in 1813, by a resolution of the Town Coun- 
cil then existing, situated between the squares which in the general 
plan made out in J 808, were named, the one Ferdinand VII, and the 
ot'ier Seville, designated in the same plan by the Nos. 11, S. 14, 15, 
16, and 183 also the space of ground situated between the said Seville 
square and the Bay bounded by high water in calm weather, the cor- 
ners of tlie lots of Beltran Souchet, Thomas Villaseca. and that re- 
served for an hospital, and besides 10,000 arpens of land in West Flo- 
rida, in the situations to be designated. And, having transmitted the 
said petition to the Fiscal of Royal Finance by decree of 10th of No- 
-vember last, he having taken into consideration the truth of what was 



[ HI ] 71 

advanced by the said Surveyor, his well known merits, the engage- 
ments he had contracted in removing himself and family to the City, 
and the impossibility which be states of subsisting on his scanty 
emoluments, consented that his petition shonld be granted : 1 there- 
fore decreed, on the 7th instant as follows : '* In conformity with the 
Fiscal, and considering the merit and services of Captain Don Vicen- 
te Sebastian Pintado, I concede to him the six lots and 10,000 arpens 
belonging to the domain, which he asks for in West Florida, without 
prejudice to a third; and, on condition of building on the one, and culti- 
vating or improving the others, in the most beneficial manner, ac- 
cording to the regulations on that matter for the peopling of tlsat pro- 
vince, given to me in charge by his Majesty, let a title be given to 
him for the lots, according to the plan presented, and that for tiie 
lands, as soon as the desci'iption is presented under his responsibility 
in this respect, as Surveyor General of that Province, to whose Sub- 
delegate and Minister of the Royal Treasury shall be given the ne- 
cessary orders." Wherefore, making use of the powers invested in 
me by the King, and in his Royal name, I concede gratuitously to the 
said Surveyor. Don Vicente Sebastian Pintado, the six lots designated 
in the plan, under the numbers 11, 13 14, 15, l6, and 18 and the 
piece of ground indicated in the same plan, as liaving 204 English 
feet and 4 inches between the corners of the lots belonging to Bertran 
Souchet, Thomas Villaseca, and that reserved for a military hos])ital, 
with the prolongation of its lateral lines to and on the Bay, as far as 
the pebbly ground, or where tlie bank of sand terminates, in order 
that, as his property, he may, without prejudicing a third, the same 
to enjoy, possess, sell, or alienate, at will. In faith whereof, I have 
ordered this title to be made out. Signed Alexandro Ramirez, Intend- 
ant General: countersigned by Pedro Carambot, Secretary of War. 
Dated Havana, 17th of December, 1817. 

Also, an original certificate, marked letter A, for one thousand one 
hundred and eighty-one arpens, situated on the west end of St. Rose's 
Island, from the point called Siguenza. at the entrance of the port of 
Pensacola, extending four English miles to the east, and terminating 
at a line drawn from sea to sea, north and south, with all that is in- 
cluded in this arid and barren space, and bounded on the east, north, 
and south, by the sea, conformably to the annexed plat. 

Also, certificate B, nineteen arpens, situated on the lands at the 
western extremity of Pensacola, fronting the Bay of the same name, 
which bounds it on the south; through this land passes the Creek of 
the Aguada, from its mouth in the Bay to the lands conceded or sold 
to Don Pedro Reggio, with which, and others of John Forbes & Co. 
it is bounded on the north, on the west by lands of Don Francisco 
Maximiliano de San Maxent, and part of the second Creek of the 
Aguada, which makes a natural limit from its mouth a small way up- 
ward, and on the east by Pensacola. leaving between the necessary 
streets and roads. 

Also, certificate C, an extension of the waters of the Bay of Pensa^ 



72 [lilj 

cola, whose superficcs is equal to an area of 7\Si arpens, Ironi tlie- 
east point of tlse mouth of Bayou Chiro, to tite west point of the 
mouth of Bayou Texar, and a line (irawu S. W. hy the com- 
pass, 95 Parisian peiches into the bay from the said first point, 
and another line of 100 perches in length fi'om the second point into 
the bay, in the same direction S. W. which includes all the Iront be- 
tween the mouths of the Bayous Chico and Texas, between which 
lies tlie town of Pensacola; all, according to the plat annexed, which 
represents the figure of saic! extension in the water, and the lisnits in 
the Bay of Pensacola; those on tlse side of the hind and beacli be- 
tween the said two jjoints of the said creeks, being a curve, produced 
by the highest tides in calm Meatiier, and with its depth from the sur- 
face of the water till ten feet, lower than the present bottom, or to- 
wards the centre of the earth, throughout ail the space embraced by the 
plat; considering it as a solid, since it contains tiie three dimensions of 
length, breadth, and depth; but, excluding that part which was con- 
ceded to me by tlie same title \\itli.-the otiicr lots, and which is also 
designated in the plat annexed, as, likewise, the wharf of Forbes & Co. 
also therein designated, and which they have been for many years in 
possession of: the whole in full property, and for the object of building 
wharves and bathing houses, saving and excepting not only his Majes- 
ty's rights, but also tliose of the public, whenever it may be found con- 
venient to build wharves with municipal or other public funds, this con- 
cession being solely to the exclusion of individuals. 

Also« certificate D, a piece of ground of 2,2814 arpens, situated on 
the east side of the River Escambia, or, rather its Eastern Branch, 
which forms the Island called Antonio, lately granted to Don Fran- 
cisco Bonal, at about 16 miles from its mouth in the Bay of Escam- 
bia, and 22 miles N. N. W. from Pensacola, bounded on the north 
and east by public lands, on the south by lands lately ceded to Don 
Thomas Villaseca, and on the west by said branch of the Escambia. 

Also, certificate E, another tract of land 5000 arpens, situated on 
the west bank of the Escambia river, between it and pine Barren 
Creek, about 31 miles N, W. i N. from Pensacola, bounded on one 
side by the said river, 1300 Parisian perches in front thereof, acc()rd- 
ing to its f^ourse upwards, leckoned from its confluence with said pine 
Barren Creek, which bounds on the other side, and by public lands 
on the remaining sides. 

Also, certificate F, another tract of 800 arpens, to complete the 
10 000 conceded to me, situated on the east side of the Escambia, at 
about 36 or 38 miles N. N. W, of Pensacola, in front of those selected 
by Juan Malagosa,to petition for on Turbin's Bluff; signed Vicente 
S. Pintado. Dated Havana, 12th of December, 18ir. 
t Also, an original grant, or title in form, similar to the preceding one, 
for the lots, made to the Surveyor General Vicente S. Pintado, by Don 
Alexandro Ramirez, Intendant General, countersigned by Pedro Ca- 
rambot, Secretary of War, for the 1 0,000 arpens of land, as described 
in the foregoing certificates. Dated Havana, 17th December, 1817- 

Pablo Palmes, being duly sworn, saith, that he was for some time 



[ 111 ] 73 

a Clerk in the office of Intendancy at Havana, lias often seen Rami- 
rez, ihe Intendant, and Pedro Carambot, the Secretary, sign their 
names, and believes, from his familiar acquaintance with their signa- 
tures, that those affixed to the grant of 1 0,000 arpens of land to Vi- 
cente S. Pintado are genuine; and also believes the signatures of the 
same, subscribed to the grant of the six lots in Pensacola, to be likewise 
genuine, and further saith not. 

OPINION OF THE COMMISSIONERS. 

As the whole amount of lands and lots embraced in these claims was 
included in one concession, before the titles in form weve given, we 
have considered it our duty to report the case to Coiigress. The lots 
Nos. 11, 13, 14, 15. 16, 18, and the space of ground situated between 
Seville square and the Bay, bounded by high water in calm weather, 
and as described in the above title papei-s, are reported in our ab- 
stract of sales by the Cabiido, and graliiitous concessions, on the 
public square of Pensacola. For an opinion in relation to these lots, 
see our report upon that class, marked L. We have further to re- 
mark, that no evidence has been ad(iuced to prove tiiat Mr. Pintado 
ever built upon these lots, in compliance with the condition imposed 
by the grant of tlie Intendant. 

The grant of 1,18 1 arpens on the v/est end of St. Rosa's Island, as 
described in certificate A, is worthy of some attention. It will be 
geen, that this tract extends from a point called Seguenza, at the en- 
trance of the port of Pensacola, and at the lower extremity of St. 
Rosa's Island. It embraces the point on which Fort Arruinado stood, 
on the western side of the Island, opposite to Fort Caidos de Baran- 
cas, and upon which, it is believed, the Spanish Government always 
had batteries erected for the defence of the entrance into tlie Bay of 
Pensacola. This position seems to have been an indispensable auxil- 
iary to that of Barancas, and could not be appropriated to any other 
purposes but those of defence. It is an " arid and barren space, '^ as 
described in the certificate, and entirely unfit for cultivation; under 
sucli circumstances, it is difficult to believe I hat the Spanish authorities 
would make such a grant as long as they expected to retain possession 
ofthecounti'y. 

The only remark we have to make relative to the 19 arpens de- 
scribed in certificate B, is, that it embraces almost the whole of the 
space reserved, upon the English plan of Pensacola, for a navy yard 
and a watering place for the shipping, as well as several lots on the 
east side of the Aguada, laid out agreeable to the aforesaid plan of said 
city, which may be seen at the General Land Office at Washington 
City. It is a little singular that this reservation should have been 
continued until the year 18J7, and then granted to Mr. Pintado, in- 
cluding a block house which had been erected by the Spanish autho- 
rities for the defence of the city. 

The space described in certificate C, includes almost the whole of 
tlie shoal water, &c. in the bay, immediately contiguous to the city of 



74 [ 111 3 

Pensacola, and extending about two miles from the rooutli of bayou 
Chico to that of bayou Texai*. It was granted for building wharves 
and bathing Ijouses, and saves and excepts not only the rights of his 
Catholic Majesty, *' but also those of the public, whenever it may be 
frr ;nd convenient to build wharves with municipal or other public 
funds; this concession being solely to the exclusion of individuals" 
We believe this grant contrary to the laws of nations as well as the 
nuinicipal laws of Spnin. and ought not to be co«firmed. 

A river, oi- bay, consists of three things — the water^ the bed- and 
the hank. The last includes shoals and sand bars, covered vsith wa- 
ter at ordinary stages of the sea or river, as well as the band of land 
lying between high and low water mark. The bank shore, or beach, 
consists of biiUure above and below the water. The first is formed 
of the land beyond the reach of the highest floods| and the second, 
that wiiich lies under the water, and the land lying between high and 
low water mark. 

This batture belongs to the adjacent proprietors. It is a natural 
right, and applies to urban as well as rnral possessions. 

Whilst a river, or the bed, is covered with water, the public have 
a right to the use or servitude in them as common property, as in the 
cases of roitds and highways. As soon as they are deserted^ or allu- 
vions are formed free from inundation, or reclaimed by levies, &c. 
they become prirats property. 

The property of the banks belongs to those whose fields or lots are 
contiguous to the sea> bay, or river. Although tiiey may be a given 
number of feet deep, yet, if their dimensions bound and butt them 
upon the beacSi, they are considered as extendi:ig to the water's edge, 
and the contiguous proprietors ai'e ejititled to alluvion. These 
banks are not sold or measured, but are unde; stood to pass as an 
accessory to the field or lot sold. This is even the case where ^imblic 
road intervenes, winch is not permitted to break the co^inuity of the 
claim. If the road is laid out on the bank of tlie sea or river, the pub- 
lic canriot own the ground on which it runs, unless it is so expressly 
stipulated, and can only have a servitude in it, as it passed with its 
principalc the adjoining land. These positions are not only true in 
relation to limited fields which go to the sea er river, but are equally 
applicable to those without limits. 

"The water-fouiitains; the places where fairs and markets are 
held; where the city councils meet; the sandy places on thebanks of river s, 
belong separately to the commons of cities and towns, because they have 
been appropriated and granted for the common use of each city, town, 
castle.'orotiier piace."— P'/ri?(/as. tit. 28, 1. 9. The same work upon 
the subject of sale and purchase, tit. 5, 1. 15, declares, *' that public 
squares, roads, threshy grounds, rivers, and other waters, which be- 
long to the king, or the commons of any city, cannot be sold or aliena- 
ted.*' This authority would seem to be conclusive in proving that the 
land covered by water and granted to Mr. Pintado, belonged to the 
commons of Pensacola, and could not be alienated 



[Ill] 75 

The lots in Pensacola do not belong to the King, but to individuals, 
and their dimensions carry them to the water's edge at highest tide. 
There is shoal water, or hatture under the water, for some distance 
towards the channel. Although there is a use or servitude m a public 
road on the beaclu yet it was not stipulated that the public owned the 
ground, and it does not. as we have already remarked, break the con- 
tinuity and present any impediment to the right of aliuvion. The 
grants of Santiago Coleman. Manuel Hernandez, and Jose Bonifay, 
fully explain every thing relative to the road. These grants were 
mafic on the bay above Pensacola. and they provide that a portion of 
the shore shall be left to "form a free and public passage along the 
coast, without prejudice to the rights of alluvion and avulsiouj' The 
adjacfnt proprietors then weie entitled to tlie battureasan accessory 
which passed with its principal. I'he line in front \%'iiH oae o^ ad- 
measurement, and not entirely a line of 6ou?j.'/ar?/; and t!ie lot was sold 
per aversionem^ and not ad mensnram; that is, it v/as disposed oi in the 
gross, and not by the measure, or so much the acre. 

The King, in this case, had no right to the bank, or alluvion, shoals, 
or sand bars, and could not alienate them. As long as the bed of the 
river is covered with water, the public have a right only to the use 
or servitude of that element, for the purposes of navigation. As re- 
gards this usCi it is common property, and is only an appendage of 
sovereignty. The sovereign is barely the trustee of tljis common 
rigiit; he can only prescribe laws how it is to be esijoyed, but cannot 
dispose of it, or reduce it to severalty- If the water advances upon 
the proprietors of the adjoining lai'ds, they sustain the loss^ if accre- 
tions are formed, or the water letires from the shore, they are entitled 
to the increase. This is nought but justice, and, no doubt, entered 
into the consideration paid for the lots when they were purchased. 
The Roman law, which was generally adopted in France and Spain, 
and the decisions of France and England, will, we believe, sustain 
the truth of these positions; we cannot avoid the belief, therefore, that 
this grant is illegal, even admitting that it emanated from his Catho- 
lic Majesty, and it is a provision of the common as well as civil law, 
** that ail patents, orders, &c. contrary to right and law, shall not be 
executed, and judges are directed to disregard them." 

For an opinion in relation to the lands described in certiiicates D, 
E, and F we beg leave respectfully to refer to our general »eport upon 
Spanish claims, as also that upon large claims. Although plots are 
filed in all these cases, they are dated on the 12th Decen^ber, 1817, 
without being accompanied by certificates of survey. We, therefore, 
presume, that they never were surveyed; and no proof has been exhi- 
bited to show that Mr. Pintado ever cultivated or improved these 
lands *' in the most beneficial manner, according to the regulations 
on that matter," for the peopling of this province, in compliance with 
the conditions imposi^d by the grant. 

These grants appear to be gratuitous, conveying a full property in 
tbe lands and lots, and intended as an indemnity for iossies sustaiued. 



76 L 111 ] 

They arc copies from the Havana, obtained subsequent to the 24th of 
January, 18 5 8, when we were entitled to the oiigii/als under the so 
lemn stipulations 'if the treaty between Spain and the United StateB. 
This fact, oombined with the character of the claim to pai t of the bay 
and St. Rosa's Island, is calculated to create a presumption of fraud 
in relation to both of the grants. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. U. 
A REPORT 

Of a claim of John Forbes, to an Island in the River Appalachi- 
cola, containing from six to eight thousand acres, more or less, by a 
title emanating fi'om the Spanish government, w ith an abstract of the 
evidence, reported in conformity to the provisions of an act of Con- 
gress, approved May 8th, 18S2, entitled *♦ An act for ascertaining 
claims and titles to land in the territories of Florida," by the under- 
signed Commissioners, to wit: 

The claim of John Forbes to the above Island is founded on the 
following title papers and testimony, exhibited in support thereof, to 
wit : 

May it please your Excellency: John Innerarity, special attorney 
of Mr» John Forbes, begs leave respectfully to represent: That, as 
appears by the accom panying documents, No. 1 , and its transla- 
tion. No. 2, the principal chiefs, leaders, and head men of the Lower 
Creek and Seminole towns, in consideration of the important servi- 
ces ivJiich the said Mr, John Forbes has 7'endered them, and the signal 
regard with 'which he has treated them since the year 1785. when the 
house and stores ofFanton, Leslie ^° Co. were established in this Province, 
unanimously resolved and determined, at a meeting held at the town 
of Tiiskataloosa. on the river Chata-Hoochee, on the 10th day of 
April, of the last year, 1810, to cede and convey gratuitously, and of 
their own free will, to the said Mr. John Forbes, an Island of about 
seven miles in length, and one and more in width, situated in the 
river Appalachicola, opposite to the store, or factory, which now exists 
there: to have, and to hold the same, in all its extent, or dispose of it 
in favor of his heirs and assigns. In virtue whereof, and as the said 
cession is shewn to be ratified by the document No. 3, signed by the 
aforesaid Chiefs, before his honor the commandant of the Fort of Ap- 
palachy, nothing else is wanting excepting the interposition of your 
Excellency's authority to confirm the said cession, and order the 
issuing of a title in form, in the same terms as that issued to the 



[Ill] 77 

House of Panton, Leslie & Co. and the one about to be issued to Messrs. 
John Forbes &Co., which request he prays your Excellency to grant. 
Pensacola, 7th June, 1811. Signed, John Innerarity. 

Granted, with the understanding, that Mr. John Forbes cannot 
dispose of the Islaufl in question, nor alienate it, without tlie express 
consent of this Government, and that its acquisition is understood to 
be on the same footing as that for whicli a confirmatory title w^as is- 
sued on the third of December, 1 806. Signed, Folch. 

I, Don Marcos de Villiers, Captain of the regiment of infantry of 
Louisiana, and civil and military commandant of this Fort, certify, 
That, on this present day, seven Chiefs of the Seminole Nation pre- 
sented themselves before me, viz; Capitza Micco, Kinghachee of the 
Miccasucky town, with his principal warrior Catcha Tustunnuggie, 
ami the two princinal clnefs, Aza-Micco, and Cossa Facho, Ya- 
hulia Ematida, with his principal warrior False Facho, of Chis- 
quitaliisa, and Ninni Humata Tustunnuggie, of Totohuitlee; when, 
after having given me tlieir hands in token of friendship, declared, 
that they acknowledged the foregoing signatures made by some of them- 
sel-ves, and the Chiefs of their nation, to be legitimate and triie^ and that 
the gr at nitons and generous cession contained in the foregoing instru- 
ment of writing was just and valid, having been executed with the full 
consent of all the nation, in whose name it was published and signed. 
In testimony whereof, I sign the present, with two assistant witness- 
es, at St. Marks, Appalachy, this twenty-fifth day of May, one thou- 
sand eight hundred and eleven. Signed, Marcos de Yilliers. — Signed, 
Jose Urcullo, Lorenzo Vitrian. 

M a Congress of the Chiefs and Head-men of the Lower Towns of 
the Creek JVation of Indians, held in the village of Tuskatalosa, on the 
River Chata Hoodie, in the month of April, one thousand eight hund- 
red and ten, composed of the following persons, viz: Payne, chief of 
the Seminole towns, Capitza Micco, Ufalo Hadjoe, Hopoi Hadjoe, 
Tiiskai Micco, Hopoi Micco, Yahulla Emathia, Eja Micco, I'ootleo 
Tustunnuggie, Annai Micco, Nunni Humata Tustunnuggie, TuskaL 
Hadjoe, Juan Musquito, Juan Meally, Checha Tustunnuggie, Too- 
thea Hosee, Tuskai Langhata y Halaghta Tustunnuggie. Whereas, 
we, the aforenamed Chiefs and head men of the Lower Creeks, /or swu- 
drij good causes and considerations, have unanimously resolved and de- 
termined, to cede and convey to John Forbes, Esq. merchant of Pensa- 
cola, in West Florida, a certain Island in the river Appalachicola, at 
present belonging to us, and situated opposite to our actual trading 
store, on the said river Appalachicola, which Island we compute to be 
about seven miles in length, and a mile in breadth, be it more or less, 
in order that the said John Forbes may hold and possess the same in all 
its extent, and for his sole use and benejit. And we, the aforesaid chiefs 
and headmen, in our ov^mi name, and in that of all the Lower Creek 
nation wliom we represent, do cede, and have ceded, all our right to the 
said Island, conformably to the usage of Indians, in favor of the afore- 
said John Forbes, Esquire, his heirs, executors, administrators, and 
assigns, now and for evermore. In testimony whereof, we have 
hereunto afiixed oiu' iiands. with our signatures, or marks, — ^Done at 

y 



78 [Hi! 

Prospect Bluff, Appalachicola, this twenty-second day of April, on© 
thousand eight hundred and eleven. — Mark of Attaly, for Tustnntmg- 
gie Checha, do. Hopoie Halaglita, by Chupalocky, mark of Hopoie 
Micro, mark of Yahulla Emathla, mark of Capitza Micco, mark of 
Tuska Micco, markof Hopoi Cuchee. mark of 5liccasuky Tuskinai, 
mark of Cuessa Emauthla, mark of Yahulla Hodjoe, mark of Ninny 
Humata Tustinuggie, mark of Eupala Hadjoe, markof Ufala Micco, 
mark oi" Tolugta Had jo, mark of Wassetia Tustanmigie, mark of 
Tustinnuggic Chachuskany, mark of Tuskai Hadjoe. mark of Juan 
Meaily — Signed and delivered in our presence, Edmund Doyle; Da- 
niel Blue; ^^ illiam Hambly. 

I, Don Vicente Sebastian Pintado, Surveyor General of this Pro- 
vince, exercising the functions of public interpreter, which office is at 
present vacant, certify, that I have made the preceding translation 
truly and faithfully, according to the best of my understanding and 
capacity, and according to the literal sense of the annexed paper in 
the English idiom, and at the instance of Mr. John Innerarity, attor- 
ney of Mr. John Forbes. — Pensacola, the twenty-second day of June, 
one thousand eight hundred and eleven. Signed, Vicente Sebastian 
Pintado. — Costs 22rs.. 

Whereas, at a meeting of the Chiefs of the Lower Towns of 
ike nation of Creek Indians and Seminoles, held at Chisquitalusa, on 
the twenty-sixth of April of the preceding year, one thousand eight 
hundred and ten, it was unanimously accorded and resolved by 
said Chiefs, in the name of their towns and nations, to cede, gra- 
tuitously and generously, to Mr. John Forbes, an Island which is 
situated on the western side of the river AppaLachicola, fronting the 
place where Ihe factory belonging to the house of Messrs. John Forbes 
&, Co, is established, the limits of which, according to the instrument 
of writing in the English language, signed and executed by them in 
favor of the said John jForbes, Esq. under date of the twenty-second 
day of April, of the present year, in the said factory, at which we 
also assisted, accompanied by Mr. William Hambly as agent and in- 
terpreter of the said John Forbes, Esq. and Mr. Daniel Blue, a half 
pay English officer, in the capacity of a surveyor, to trace the line, 
which runs thus: beginning its course from the place called the Three 
Mouths, running up the river Appalachicola, on the western side, 
from about nine miles, more or less; from its mouth, it follows in dif- 
ferent directions to the distance of about a mile and a half higher than 
the place where the said factory is situated, the directions, courses, 
and distances of which, appear more particularly in the plan, or map, 
annexed to this deed, which Island we have ceded to the said John 
Forbes. Esq. to have, and to hold the same, or to dispose of it at his op- 
tion, and, as such, we order, that it may be observed and respected by 
all, now, from henceforth and forever. Given at St. Marks, Appalachy, 
in presence of his honor the Commandant of said post, Don Marcos 
de Villiers, and the subscribing witnesses, on the twenty-fifth day of 
!May, one thousand eight hundred and eleven. Mark of Capitza 
Micco Rinhachee, markof Cocha Tustunnuggie, markof Aza Micco, 
mark of Coosa Facho. mark of Yahulla Emathla, mark of Talse 



till] 79 

Hacho, mark of Ninni Humata Tustunnuggic. — We, the under- 
signed, declare, that although we were not present at the demar- 
kation of the aforementioned boundary line, we know, and aie well 
satisfied with its accuracy and justness, and, in conformity, we 
sign the same, on the day of the date, in presence of the Commandant 
of this Fort, Interpreters, and assistant witnesses. Mark of Nocose 
Opay, mark of Cowa Emathla, mark of Tustunnuggie Faclio, mark 
of Micco Hadjoe, mark of Nocose Hadjoe. 

Don Marcos de Villiers, Captain of the regiment of infantry of 
Louisiana, Commandant and Subdelegate of the Department of Fi- 
nance in this Fort, certify, that, at a meeting held this day, tlje chiefs 
and warriors composing the same, signed the foregoing ])aper in my 
presence, as also Don Felipe Prietto and Mr. William Hambly, by 
whom its contents were interpreted to them, with the intervention of 
the undersigned assistant witnesses: Appalachy, this twenty fifth day 
of May, one thousand eight hundred and eleven. Signed^ Marcos de 
Villiers, Felipe Prietto, William Hambly, Lorenzo Vitrian. Jose 
Urcullo. 

Don Francisco de St. Maxent, Colonel of infantry. Lieutenant Co- 
lonel and Commandant of the regiment of infantry of Louisiana, Po- 
litical and Military Governor, ad interim, of this Province: I certify 
that the foregoing documents are conformable to the original record 
on file in the Secretary's office of this Government and of the title 
delivered to the attorney of Mr. John Forbes; in evidence of which, 
I give the present under my hand, sealed with my armorial bearings, 
and countersigned by the undersigned Secretary of this Government: 
Pensacola, this twentieth of December, one thousand eight hundred 
and eleven. Signed, Francisco Maximiliano de St. Maxent. Signed, 
Pablo Larin. 

Also, an original confirmation, or title in form, given by Governor 
Folch, countersigned by the Secretary of the Government, which 
reads in the words following, to wit: 

Don Vicente Folch y Juan, Brigadier General of the royal armies, 
Military and Political Governor of the Province of West Florida, 
Inspector of the troops of the line and militia thereof, Vice Regius 
Patronatus, Judge, Subdelegate of the Superintendency General, &c. 
&c. Whereas, Mr. John Innerarity, attorney of Mr. John Forbes, 
has represented to me in his memorial, of the seventh day of the pre- 
sent month, that the principal chiefs, leaders, and head men of the 
Lower Creek and Seminole Indians, at a meeting held at the town of 
Tuskatalosa, on the river Appalachicola, on the tenth day of April of the 
preceding year, one thousand eight hundred and ten, unanimously re- 
solved and determined, gratuitously, and of their own freewill, to cede 
and convey to the said Mr. John Forbes, an island of about seven miles 
length, and one or more in width, situated in the river Appalachicola, 
facing the store or factory established there, in consideration of the 
important services which he has rendered them, and the regard he 
has shown them since the year one thousand seven hundred and eighty- 
five, when the house of Messrs. Panton, Leslie k Co. was established, 
for which purpose the different chiefs, leaders, and head men, assem^ 



80 [111] 

bled at Prospect BhuT, Appalacliicola, on the twenty-second day of 
April, last, toi^ctiier with Mr. Edmund Doyle, agent of Mi\ John 
Forbes, Mr. Daniel Blue, surveyor, and Mr. Vviiliam Mambly, agent 
and interpreter, and signed t!ie deed of cession and conveyance of the 
said island, nhich they ratified on the twenty-fifth day of May last, 
before the Commandant of tiie Fort of St. Mark's, Appalachy,, Don 
Marcos de Villiers, and theofficial witnesses: the said ciuefs and lead- 
ers being headed by the principal chief of the Mickasuky town, Cupitza 
Micco Kenharhoe, witlj other chiefs of the tribe, commissioned for 
the purpose, and the ratification being renewed by anotlier deed of the 
same date, witii the marks of the cliiefs in qucition, and certified by 
the aforesaid commaiulant, Don Marcos de Viilicrs, with the official 
Avitnesses, Bon Jose UrcuHo, and Don Loi-enzo Vitrian, and signed 
also by tlie interpreters, Don Felipe Prietto, and Don GuilJermo 
Hambly, it api)ear's that the said island begins at a place called the 
** Three Mouths," distant about nine miles from the mouth of the 
river Appalachicola, and ascending the said river from the said place, 
in liifFereiit directions and courses on the western side of the same, to 
about one and a half miles above or opposite to the site where the 
factory is at present established: and whereas it was one of the con- 
ditions and stipulations for the establishment of the said house, that the 
government should afford it every possible support and assist- nee 
within its control, for the recovery of their Indian and trading debts 
and claims, in order to preserve that friendship and good harmony 
which is so requisite, ar.d this concession not beijig contrary to our 
laws, and to the sovereignty of our Catholic monarch, I gave my 
decree to the aforesaid memorial, on the eighth day of the present 
month, in the following words: ''Granted, with the understanding 
that Mr. John Forbes cannot dispose of the island in question, nor 
alienate it without the express consent of this Government, and that 
its acquisition is understood to be on the same footing as that for 
which a confirmatory title was issued on the third of December, one 
thousand eight hundred and six;" and the cession of said island hav- 
ing been solemnly confirmed by the aforementioned deed, of the twenty- 
sfcond of April last, signed by Attaly I'uskanian, Katchela of Cliu- 
paiuckee, Hopoie Molaghta. Hoj)oie Micco, Yahulla Emathla, Ca- 
pitza Micco, Hopoie Micco. Hopoie Cuckie, Mickasuccky Tuskinia, 
Conesa Emathla, Yohalla Ha<!joe. Nerry Hoompghta Tuskanaggee, 
Ufala Micco, Ufaia Hadjoe, Talaghta Hayde, Wasesa Tuskanniu ky, 
Tuskay Hodjoc. Juan Meally, in presence of Edmund Doyle, 
Daniel Blue,, and William Hambly, which deed, with its trans- 
lation, annexed to the proceedings, is certified b}^ the commandant of 
the Fort of St. Mark's, Appalachy, in presence of the official wit- 
nesses, Don Jose Urcullo, and Don Loretizo Vitrian, and the boun- 
daries having been designated by the chiefs deputed for that purpose, 
Capitza Micco, King Hagee, Asa Micco, False Hadjoe, Catcha Tus- 
tann'Jggie, Cosafacho, Yahulla Ensathla, Nimo Sumasta Tustannug- 
gie. who having made their declaration before the aboveinentioned 
commandant, the same having been duly executed in writing, and 



C ill 3 81 

with e\cvy formality, wliich deed was also signed by Nocose Opay, 
fc_ Tustanriuggie Hadjoe, Nocose Iladjoe, Eava Emathia, and Micco 
* Hadjoe, the whole of them unanimously consented for their respective 
towns and nations, to the said gratuitous and generous concession, 
in favor of John Forbes and his heirs, which act was certified by the 
aforesaid commandant, before the ollicial witnesses, Don Jose Ur- 
cullo, and Don Lorenzo Vitrian, and the interpreters, Messrs. Felipe 
Prietto, and William Hambiy. In consequence of all what is afore 
related, Mr. Jolin Innerarity, as attorney of the aforesaid Mr. John 
Forbes, prayed me in the conclusion of his aforementioned memorial, 
to intei-pose my authority in due form, for the ratification of the isl- 
and sj)ecified in the map, or plan of the same, made by the Surveyor 
General, Don Vicente Sebastian Pintado, which will be annexed to 
the present. Wherefore, exercising the powers which the King, our 
sovereign (whom God preserve) has conferred upon me, I confirm and 
ratify, in his royal name, to the said John Forbes, the cession of the 
aforementioned island, made by the Seminole and Lower Creek na- 
tions of Indians, represented by their principal chiefs, and head men, 
with the diraensions, courses, and distances as laid down in the afore- 
said map, or plan, which, together with all the original records of the 
same, are registered in the Secretary's otiice of this Government; 
and I declare the said JohnF'orbes invested with the sole and ahsohste 
dominion thereof in fee simple, to have and to hold the same as his 
property, in order that he may possess, cultivate, sell, or alienate, 
the same, agreeable to the tenor of my decree, inserted in the title here- 
of, and I grant him power to take possession, with which I hereby invest 
him in form. In faith whereof, I have ordered these presents to be 
despatched, signed with my own hand, sealed with my armorial bear- 
ings, and countersigned by the undersigned Secretary of this Govern- 
ment. Done in the town, of Pensacola, the fifteenth day of June, one 
thousand eight hundred and eleven. (Signed) Vicente Folch. By- 
order of his Excellency. (Signed) Pablo de Larin. [l. s.] 

Also, an original certificate of Pablo de Larin, Secretary of the 
Government, stating that the original proceedings of the cession, of 
which the foregoing is the patent of confirmation, remain deposited 
in the archives of this Government office, and an authenticated copy 
tliei'eof, and of tiie whole of the aforesaid proceedings have been de* 
livered this day to the Surveyor General of this Province, Don Vi- 
cente Sebastian Pintado, for the purpose of being registered in his 
office, and a notarial copy of the whole has also been delivered to the 
representative of the party interested. Pensacola, this twentieth day 
of December, one thousand eight hundred and eleven. Signed, Pablo 
de Larin. 

OPINION OF THE COMMISSIONERS. 

This grant is made by a Congress of the Chiefs and Headmen of 
the Lower Towns of the Creek nation of Indians and the Seminoles. 
They have ceded all their right to the said Island, conformable to 



82 [HI] 

the usage of Indians, to John Forbes, to have, and to hold the same, 
and to dispose of it at his option. This they have done, they say. fop 
sundry good causes and considerations, which are explained in the 
petition of Mr. Innerarity, and the confirmatory title of Governor 
Folch, to be tlie important services which John Forbes has rendered 
them, and the regard he has shewn them since the year one thousand 
seven hundred and eighty-five, when the house of iMessrs. Panton, 
X«eslie & Co. was established. The grounds upon which the confirma- 
tory title of Governor Folch seems to have been given, were, that it 
was one of the conditions and stipulations upon which said house was 
establislied, that tlie Government should afibrd it any possible support 
and assistance within its control, for the recovery of their Indian and 
trading debts and claims, in order to preserve that friendship and 
harmony which is so requisite. The title was obtained with the same 
formalities, and under the same restriction or condition of not aliena- 
ting the land without the consent of the Government, as tliose obser- 
ved in the two giants to Panton, Leslie & Co. and John Forbes & Co. 
on the East side of the Appalachicola river. In this claim the same 
questions are also presented to the minds of the undersigned Commis- 
sioners, and for an opinion in relation to it, they beg leave respect- 
fully to refer to their opinion in those two cases, already forwarded to 
the Secretary of the Treasury. 

All whicli is ^respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



Second — Special report on conjlicting claims^ emanating from the British 
and Spanish Governments^ with an abstract of the evidence, number- 
ed from 1 tooQ. 



No. 1. 

A REPORT 

Of claims to a tract of land, containing seven thousand arpens, 
situate on the eastern side of Escambia river, sometimes called an 
Island, about twenty-six miles from Pensacola, in the District of 
West Fiornla, claimed in part by titles emanating from the British 
Government, and in toto by a claim emanating from the Spanish go- 
Aernment, with an abstract of the evidence, reported in conformity to 
the provisions of the 4th section of the act of Congress, approved 
May the 8th, 1822. entitled *' An act for ascertaining claims and ti- 
tles to land within the territories of Florida," by the undersigned 
Commissioners, to wit: 



[HI] 8a 

The claim of Theodore Galliard, Cornelia, his wife, formerly Cor- 
nelia Marshall, and Jane Marshall, citizens of the United States, to 
two hundred acres of land, derived fiom the British government, is 
founded on — 

An original patent, under the great seal, granted to Joseph Lamb 
by Peter Chester. Captain General and Commander-in-chief of his 
B)'i tannic Majesty's Province of West Florida, dated the 2d day of 
March, 1779, on the usual conditions. Signed, countersigned, and 
recorded, in due form. 

Also, an original deed of hargain and sale, from the grantee, to 
William Marshall, dated the 8th day of March, 1779, acknowledged 
and recorded in djfle form. 

Also, a certified copy of a deed of trust, of William Marshall, Jun. 
son of the aforesaid W illiam, to Tiieodore Galliard, and for the bene- 
fit of Cornelia, his wife, and Jane Marshall, of all the lands, &c. to 
which the said William was entitled in the province of West Florida, 
upon trust and conditions therein enumerated and expressed, dated 
the second of November, 1803, with a schedule of the lands and lots 
thereunto annexed. Certified to be a true copy, by Charles S. Tuck- 
er, Register, whose signature is authenticated by a certificate of the 
Governoi and Secretary of South Carolina, under the great seal, 
dated 19th September, 1822. 

Also, a deposition of Elihii Hall Bay, duly certified and authenti- 
cated, stating that William Marshall, Sen. was a staff officer in the 
British ordnance department, and resided in Pensacola, until the 
Province was surrendered to Spain; that, during this period, he had 
various grants of lands inade to him by the different British Govern- 
ors; that the deponent was well acquainted with William Marshall, 
and his affairs, and about the year 1781 or 1782, he left Pensacola 
and went to South Carolina, and settled himself in the city of Charles- 
ton, and soon after became a citizen of said state; that he, tlie said 
W^illiam, died several years afterwards, leaving a son named Wil- 
liam, one of the Judges of the state, who died some years ago, leav- 
ing two daughters, Cornelia, wife of Theodore Galliard, and Jane 
Marshall: that William Marshall, Sen. had a number of negroes in 
West Florida, and cultivated two tracts of land, and that he was in 
actual possession (>f several lots in Pensacola, on one of which he re- 
sided. Signed and sworn to before William S. Smith, clerk of the 
Court of Common Pleas, whose signature and seal is accredited by the 
certificate of the presiding Judge and Governor, under their respect- 
ive hands and seals. 

Also, a depositicm of John Black, stating, that he resided some 
time in Pensacola, until the capture of that place by the Spaniards, and 
that he was well acquainted with William Marshall, who resided in 
his own house, situated about two lots distant from the corner of 
George street, leadir.g to Fort George, and that the said Marshall 
owned many tracts of land in the vicinity of Pensacola, and elsewhere 
in the province; and further saith, that the said William Marshall 
came to Charleston with his family, where he became a citizen/and 



84 [lil] 

resided the remainder of liis life; his family were, his son William, 
now (lead, and his daughters Cornelia and Jane. — Sworn to, certified, 
and autiienticated, as above. 

Also, the claim of Theodore Galliard, Cornelia, his wife, formerly 
Cornelia Marshall, and Jane Marshall, citizens of the United States, 
to two tracts of land of five hundred acres each, founded on — 

A plot and certificate of survey, made by EHas Durnford, Survey- 
or General, pursuant to a warrant from Peter Chester, Esq. Captain 
General, and Commander in chief over his Britannic Majesty's Pro- 
vince, dated the 22d day of February, 1779. Certified on the 26th 
of the same month. Situated 26 miles from Pensacola, and bounded 
on the north by the lands of Joseph Lamb, 

Also, an original patent for the same, under the great seal, to 
Charles Ward, granted by the said Peter Chester, dated the 2d day 
of March, 1779, signed, countersigned, and recorded. 

Also, an original deed of bargain and sale, for two tracts of land of 
500 acres eacli, dated the 12th March, 1779, reciting, that he had ob- 
tained, by letters patent, two tracts of land, one hounded on the north, 
by the lands of Joseph Lamb; the other hounded on the south, by the 
said Lamb. He conveys the same to William Marshall. 

Also, a copy of the plat, and a certificate from the land oflice of the 
District of Washington, stating, that the patent to the last mention- 
ed tract, bounded on tile south by Lamb, had been recorded in that 
ofilce. 

Also, a certified copy of a deed of trust of William Marshall, Jun. 
son of the aforesaid William, to Theodore Galliard, and for the bene- 
fit of Cornel'.a, his wife, and Jane Marshall, of all the lands to which 
the said William was entitled in the province of West Florida, upon 
trust and conditions therein enumerated and expressed, dated the 
second day of November, 1803, with a schedule of t!ie lands and lots 
thereunto annexed; certified to be a true copy, by Charles S. Tucker, 
Register, whose signature is authenticated by a certificate of the Go- 
vernor and Secretary, under the great seal, dated 19th September, 
1822. 

Note — See the foregoing depositions of Eiihu Hall Bay, and John 
Blaclv, in the claim of 200 acres. 

Also, the claim of Theodore Galliard, Cornelia his wife, formerly 
Cornelia Marshall, and Jane Marshall, citizens of the United States, 
to two hundred and sixty acres of land, founded on an original patent, 
under the great seal, granted to Geo. Burden, by Peter Chester, Esq. 
Captain General and Commander in Chief in and over his Britannic 
Majesty's Province of West Florida, dated the 29th day of January, 
1780; signed, countersigned, and recorded in due form. 

Also, a deed, poll, and letter of attorney, executed by George Bur- 
den, reciting that he was entitled to three thousand acres of land, as 
a lieutenant in his majesty's service and transferring his right to the 
same to William Marshall, or so much tliereof as he will locate, dated 
the lOth day of May, 1779; acknowledged and recorded. 

Also, a certified copy of a deed of trust, of William Marshall, Jr. 



[ 111 1 85 

son of tlie aforesaid William, to Theodore Galliard, and for the be- 
nefit of Cornelia his wife and Jane Marshal!, of all the lands, &c, to 
^vilich the said William was entitled in the province of West Florida, 
upon trnst and conditions therein enumerated and expressed, dated 
the £d of Nov. 1803, with a schedule of the lands and lots thereunto 
annexed, certilicd to be a true copy by Charles S. Tucker, Register, 
whose signature is authenticated by a certificate of the govcsi-nor 
and secretary, under the great seal, dated 19th of September, 1822. 

See the foregoing depositions of Elihu Hall Bay and John Black, 
coj)ied in the claim of 200 acres. 

The claim of Francisco Bona!, derived from the Spanish Govern- 
ment to an island circumsci-ibed by the river Escambia, fronting the 
BlufT called Durand's Bluif, containing seven thousand arpens, situ- 
ated about fifieen miles from the moutii of the said river, is founded 
on the following title papers and testimony, exhibited in support 
theiet)f, to wit: 

An original grant or title in form, made to Francisco Bonal by 
Don Jose Masot, Governor and Subdelegate of the lutendant, and 
Superintesideut General, for 7,000 arpens of land, an island in the 
Escambia river, usider the seal of office Signed by the said Gover- 
nor, countersigned by Domingo Sausa and Joseph Cevallos, assistant 
witness, dated 1st October, 1817. 

A copy of a plot and certificate of survey, signed by Vicente Se- 
bastian Pintado, Surveyor General, dated Havana, 25th May, 1818, 
in which it is recited, that the annexed figured plot and measurement 
were executed by his deputy Don Pedro Reggio, on the 3d and 4th of 
Octoher last, 1817, in favor of Francisco Bonal, in obedience to a 
decree of the Governor and Subdelegate of Royal Finance, of the pro- 
vince of West Florida, Don Jose Masot, dated 1 9th September, 1817. 

Also, an original grant or title in form, made to Francisco Bonal, 
by Don Alexandro Ramirez, Intendant General, countersigned by 
Pedro Carambot, Secretary of War, dated Havana, 2d of May, 1818, 
setting forth, that Francisco Bonal, of Pensacola, presented a petition 
to the Intendancy, accompanied by a copy of the proceedings insti- 
tuted in theSubdelegation of that place, for the obtaining a gratuitous 
concession of an island, situated in the river Escambia, opposite the 
Bluff called Durand's Bluff, which island was conceded to him by the 
said Governor Masot, and a formal title delivered; and in virtue of 
the powers confened on him by his Lord the King, and in his royal 
name, he confirmed and ratified to the said Bonal the 7,000 arpens of 
land, containing the island aforementioned, and specified in figured 
plot No. 1,868, of which a copy is annexed to this title. 

Pablo Palmes [)roved the signature of the intendant, escribano, and 
the subscribing witnesses attached to the grant. 

F. H- Nisbet being duly ailirmed, says, that he was upon the Island 
claimed by Francisco Bonal. in the month of August, 1821; that there 
was a family composed of two or three hands, who were engaged in 
cultivating the said land for Francisco Bonal*. that there was a large 
clearing, and about 7 or 8 arpens planted with rice; that there were 
W 



86 [lil] 

no houses on the land, except a new unfinished barn; does not recol- 
lect having seen any thing else than rice growing; and further saith 
not. 

Pablo Palmes being duly sworn, saith, that he was upon the land 
in the year 1819; saw two hands at work there in cultivating rice, 
corn, and potatoes; that there were two different clearings, the one 
planted in rice, and the other in corn; thinks there were about 7 or 
8 acres in rice, but does not know how many in corn and potatoes; 
that the hands had sometime before erected a house on the Island ad- 
jacent to the river- and were forced to abandon it by high water; 
that the cultivation was continued from 1819 until about four months 
ago: and furtlier saith not. 

Jose Maura, being duly sworn, saith, that he was upon the Island 
In the year 1820, but knows that the improvements and cultivation 
"were commenced in the year 1819; that the improvement consisted 
of a house and two clearings, one of which was planted in rice, and 
the other in corn, potatoes, and peas; thinks that there were 7 or 8 
arpens in rice; and further saith not. 

Joseph E, Caro, being duly sworn, saith, that he knows that the 
grant made by the governor of this province, Don Jose Masot, to 
Francisco Bonal, was in the year 1817; and further, that the grant 
"was sent to Havana for confirmation. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON. 
JOSEPH M. WHITE. 



No. 2. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 150, in the 
district of West Florida, by titles emanating from the British and 
Spanisli Govei-nments, with an abstract of the evidence, reported in 
conformity to the provisions of the 4tli section of the act of Con- 
gress, approved May the 8th, 1822, entitled "An act for ascertaining 
claims and titles to land within the territories of Florida," by the un- 
dersigned Commissioners, to wit: 

The claim of Theodore Galliard, Cornelia, his wife, formerly Cor- 
nelia Marshall, and Jane Marsliall, citizens of the United States, to 
lotNo. 150, in the city of Pensacola, is founded on 

An original patent, granted by Montford Brown, Esq. Lieutenant 
Govcrnoi* of the province of West Florida, for his Britannic Majesty, 
under the great seal, signed and countersigned, dated 12th day of 
January, 1768, to James Aria, of Pensacola, upon the usual condition. 
Also, an original lease and release, executed by the grantee to Pa- 
trick Morgan, on the 6th or 7th days of June, 1769, acknowledged 



[110] 87 

and recorded in the proper office, and certified accordingly. Also, an 
original deed of bargain and sale, from Patrick. Morgan to William 
Marshall, dated the 8th September, 1778, acknowledged and record- 
ed in due form. 

Also, a certified copy of a deed of trust of William Marshall, jun. 
son of the aforesaid William, to Theodore Galliard, and for the bene- 
fit of Cornelia his wife, and Jane Marshall, of all the lands, &c. to 
which the said William was entitled in the province of West Florida, 
upon trust and conditions therein enumerated and expressed; dated the 
2d day of Nov. 1 803; with a schedule of the lands ami lots thereun- 
to annexed; certified to be a true copy, by Charles S. Tucker, Regis- 
ter, whose signature is authenticated by a cei-tificate of the Governor 
and Secretary, imder the great seal, dated I9th September, 1822. 
Also, a deposition of Elihu Hall Bay, duly certifiel and authenticated, 
stating that William Marshall, sen. was a staff officer in the British 
Department, and i-esided in Pensacola until that province was surren- 
dered to Spain: that during this period he had various grants of land 
made to him by the different British Governors; that the deponent was 
well acquainted with William Marshall and his affairs, and about the 
year 1781 or 1782, he left Pensacola and went to South Carolina, and 
settled himself in the city of Charleston, and soon after became a ci- 
tizen of said state; that the said William died several years after- 
wards, leaving a son named William, one of the Judges of the state, 
who died some years ago, leaving two daughters, Cornelia, wife of 
Theodore Galliard, and Jane Marshall; that William Marshall, sen. 
had a number of negroes in West Florida, and cultivated two tracts 
of lands; and that he was in actual possession of several lots in Pen- 
sacola, on one of which he resided. Signed and sworn to before Wil- 
liam S. Smith, Clerk of the Court of Common Pleas, whose signature 
and seal is accredited by the certificate of the presiding Judge, and 
Governor, under their respective hands and seals. 

Also, a deposition of John Black, stating that he resided for some 
time in Pensacola, until tlie capture of that place by the Spaniards, 
and that he was well acquainted with William Marshall, who resided 
in his own house, situated about two lots distance from the corner of 
George Street, leading to Fort George; and that the said Marshall 
owned many tracts of land in the vicinity of Pensacola, and else- 
where in the province: and further saith, that the said William 
Marshall came to Charleston, with his family, where he became a 
citizen, and resided the remainder of his life. His family were, his 
son William, now dead, and his daughters Cornelia and Jane. Sworn 
to, certified, and authenticated, as above. 

The claim of Maria Josephine Firou to the abovementioned lot No. 
1 50, derived from Spanish title, is founded on — 

A copy of a mesne conveyance from Diego Cazorla, to the claim- 
ant, passed before Governor Folch, and the assistant witnesses, Do- 
mingo Sousa, and Anastatic Mentis de Oca, on the 15th June, 1808; 
certified to be a true copy by Joseph E. Caro, Notary Public, and 
charged Mith the Archives, on the 12th of August, 1822. This deed 



88 [ 1 i 1 3 

recites that said CaKorla purchased the said lot on the 15th July, 
J 804. held under a decree of the Real Hacienda, dated at New Orleans 
2d May, 1804. 

All which is respectfully submitted by tlie undersigned Commis- 
sioners. 

SAMUEL R. OTERTON, 
JOSEPH M. WHITE. 



No. 3. 
A REPORT 

Of claims to a lot of ground in the City of Pensacola, No. 70, in 
the Districtof West Florida, by titles emanating from the British and 
Spanish Governments, with an abstract of the evidence, repoj'ted in 
conformity to the provision of tlie 4th section of the act of Congress, 
approved May the 8tii, '.822, entitled '* An act for ascertaining claims 
and titles to land within the territories of Florida," by the undersign- 
ed Commissioners, to wit: 

The claim of tlie heirs and legal representatives of James Sutton, 
to a lot, number seventy, in the city of Pensacola, is founded on — 

A copy of a patent, granted by George Johnston, Esq. Captain 
General and Governor in chief in and over the Province of West Flo- 
rida, dated the first day of October, 1765. certified to be a true copy 
from the British records in the General Land Office, Washington 
City, by Josiah Meigs, Commissior.cr thereof, under the seal ofotlice. 

The claim of Joseph Tapiola, derived from the Spanish Govern- 
ment, to half the above lot, number seventy, is founded on — 

A copy of the grant, made by the Intendant Morales, countersigned 
by Francisco F. G.Arroyo, Secretary, dated the 7th March, 1810, to 
Louis Gonzales; certified to be a true copy by Joseph E. Caro, 
Keeper of the Public Archives. — Also, an extract from the Protocols, 
certified to be a true one by Joseph E. Caro, Kee])er of the Public Ar- 
chives, sliewingthat said Gonzales conveyed to Pedro Mendoza, by 
act of sale, dated 30th December, 1815; and that the said Mendoza 
conveyed to Tapiola, by act of sale- dated the 17th February, 1815. 

In addition to the foregoing tide papers, the said Joseph Tapiola 
proved by parole testimony the signatures of the Spanish officers an- 
nexed to the grant, and that the said half lot above meritioncd was 
enclosed and a house erected upon it, in compliance with the condi- 
tions, within a year of the grant. 

All which is respectfully submitted by the undersigned commission- 
ers. 

SAMUEL R. OVERTON. 
JOSEPH M. WHITE. 



[Ill] 89 

No. 4. 
A REPORT 

i; 

Of claims to a lot of ground in the City of Peiisacola, No. 203, in 
the District of West Florida, by titles caianiiting from the British 
and SpanisU Governments, \vit!t an abstract of the evidence, reported 
in conformity to the provision of tiic4th section of the act of Congress, 
approved May the 8ih, 1892. entitled *• An act for ascertaining claiisis 
and titles to land within the territories of Florida," by the undersign- 
ed commissioners, to wit* 

The claim of Elihu Hall Bay to lot No. 203, in the City of Pcii- 
sacola, is foun; ed on — 

Aji original patent, made by George Jolmston, Esq. Captain Gen- 
eral and Govcrnor-in-chicf of his Britannic Majesty, over thePi'oyJnce 
of West Florida, under the great seal, countersigned by Alexander 
M'Clelaii, Deputy Prevost Secretary, to Thomas Huckstall, upon the 
usual conditions, dated the fourth of 0< tober, 1765. Also, an origi- 
nal deed of lease, and release, from the grantee to David Ross, dated 
the fourteenth September, 1770, recorded in due form, and certified 
accordingly. Also, an original cc.nfirmation patent, issued by Peter 
Chester, ('aptain General, &c. reciting the grant to Huckstall, his 
sale to Ross, and a sale from Ross to Elihu Hall Bay, on the 10th of 
October, 1778, and confirming the title to the said Elihu Hall Bay; 
signed, countersigned, and recorded. Also, an affidavit of Elihu Hall 
Bay, of the City of Charleston, South Carolina, made before Wm. S. 
Smith, clerk of the Court of Common Pleas, stating, that he " never, 
at any time since the surrender of West Florida to Spain, in the year 
1781, either directly or indirectly, received any payment or consider- 
ation for any lands he ever owned or possessed in the said Province 
of West Florida, from the British Government, or its otHcers or 
agents;" dated at Charleston, the 5th of June, 1822^ signed and seal- 
ed by Wm. S. Smith, clerk as aforesaid. 

The claim of John Donaldson, derived from the Spanish Govern- 
ment, to half the above lot, number two hundred and three, is founded 
on — 

An original grant, or title in form, made to Jose and Antonio de 
Vegas, by Intendant Morales, countersigned by Secretary Arroyo, 
and dated 14th April, 1810. Also, a copy of a mesne conveyance 
from the grantee to the claimant, passed before Governor Masot, and 
the assistant witnesses, Sousa and Cevallos, on the 11th of February, 
1818. 

Joseph E. Caro proved all the foregoing signatures. 

Henry MicheJet, being sworn, saith. that, in the year 1810, Jose 
and xintonio de Vegas enclosed lot No. 203, and built a house there- 
on, and farther saith not. 

All which is respectfully submitted by the undersigned commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



90 [ 111 1 

No. 5. 
A REPORT 

Of claims to a lot of ground in the City of Pensacola, number two 
huiMired and twenty-sevcsi, in the Disti'ict of West Florida, by titles 
emanating from the British and Spanish Governmeists. with an ab- 
stract of the evidence reported, in conformity to the p**© vision of the 
4th section of the act of Congress, approved May the 8th, 1822, enti- 
tled "An act for ascertaining claims and titles to land within the ter- 
ritories of Florida," by the undersigned commissioners, to wit: 

The claim of Eiihu Hall Bay to lot number two hundred and twen- 
ty-seven, in the city of Pensacola, is founded on — 

An original pateijt, granted to the claimant by Peter Cliester, Cap- 
tain General and Commander in chief in and over bis Britannic Ma- 
jesty's Province of West Florida, dated the ninth of June, 1769; sign- 
ed and countersigned under the seal. Also, an affidavit of Elihu Hall 
Bay. of the city of Charleston, South Carolina, made before William 
S. Smith, Clerk of the Court of Common Pleas, stating, that he *' never 
at any time since the surrender of West Florida to Spain, in the year 
1781, either directly or indirectly, received any payment or consider- 
ation for any lands he ever owned or possessed in the said Province 
of West Florida, from the British Govermnent, or its officers or 
agents;" dated at Charleston, the 5th day of June, 1822, signed and 
sealed by William S. Smith, as aforesaid. 

The claim of Eugenio Antonio Sierra to the above lot No. 227, 
derived from Spanish titles, is founded on — 

An original grant made by Intendant Morales, countersigned by 
Francisco Gutierresde Arroyo, Secretary to Santiago Dauphin, dated 
26th November, 1811. Also, a coj)y of a mesne conveyance from said 
Dauphin to Eugenio Antonio Sierra, executed before Governor San 
Maxent, ad interim, with the assistant witnesses, Domingo Sousa and 
Juan Villaverde, dated the 11th April, 1812; certified to be a true 
copy by said Maxent, with the same assistants, on the 8th of June, 
1812. 

In addition to the foregoing title papers, the said Eugenio Antonio 
Sierra, proved, by parole testimony, the signatures of the Spanish 
ofliceis annexed to the grant, and that the said lot above mentioned 
was enclosed and two houses erected upon it, in compliance with the 
conditions, within a year of the grant. 

All which is respectluUy submitted by the undersigned commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



[Ill] 91 

No. 6. 

A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 231, in 
the district of West Florida, by titles emanating from the British 
and Spanish Governments, with an abstract of the evidence, reported 
in conformity to the provision of the 4th section of the act of Congress, 
approved May the 8tli, 1 8£2, entitled "An act for ascertaining claims 
and titles to land within the territories of Florida/' by the under- 
signed commissioners, to m it: 

The claim of David McCaleb, a citizen of the United States, for 
himself and the heirs and legal representatives of Alexander McCuI- 
laugh, deceased, to lot No. 23 1 , in the city of Pensacola, is foutided on, 
An exti'act from the Indices of the British records of West Flo- 
rida, in the General Land Office of the United States, shewiitg that 
lot No. 2^)\ \A'as granted to William Marshall, on tb.e 6th October, 
1767; certified by John McLean, Commissioner of the General Land 
Oliice. Also, a certified copy of a bill of sale or deed of conveyance 
from Alexander McCullangh, nepiiew and heir at law ol" Alexander, 
Sen. to David McCaleb, of Mississippi, of one equal half part of ail 
the lands and lots owned by Alexander, Sen. in the former British 
province of West Florida, executed, acknowledged, and recorded, in 
Mississippi territory, dated the 5th of February, 1813; certified and 
authenticated in due form, from the records of Washington county, 
Mississippi. 

Also, a deposition taken before a justice of the peace, in the city of 
New Orleans, William McCullaugh, who saith that Alexander Mc 
Cullaugh, the owner of various lands and lots, in the former Brit- 
ish province of West Florida, died at Pensacola, and that the father 
of the deponent was his heir at law, and after his death, Alexander, 
Jr. being the eldest son, was his heir at law; sworn and subscribed 
before Simeon Knight, whose signature is authenticated by a certi- 
ficate of the Governor of Louisiana, under the seal of the State. 

Also, a deposition of Robert Fleming, formerly of Charleston, 
South Carolina, taken at Philadelphia on the 4th day of March, 1823, 
stating that Alexander McCullaugh, Jr. frequently mentioned to him 
that he was the heir of his uncle Alexander, Sen. who died at Pensa- 
cola, intestate; and, that the deponent was informed by other rela- 
tions of the family, of the same facts; and, that the said Alexander, 
Jr. shewed him divers documents duly authenticated in Ireland, prov- 
ing that his father died intestate, and that he was the heir at law, or 
eldest son of his father William, who died intestate: that all the doc- 
uments were authenticated in Ireland, with a view of his taking pos- 
session of his uncle's lands in West Florida; and that the said Alex- 
ander, as deponent verily believes, became a citizen of the United 
States in South Carolina, as he could not carry on business on his 
own account as a merchant without; that, sometime thereafter, he 
moved to Jacksonborough, \Vhere his house and all iiis papers were 



92 [ ill] 

consumed by (ire; and that in 1803 or 1S04 the saiil Alexandei' went 
out to Mississippi in search of his lands and h)ts, &c. Swoin to be- 
fore Robert Wharton, Mayor of the city of Philadelphia 

Also, the deposition of Elihu Hull Bay, taken in a suit in Missis- 
sippi, and certifipd from the I'ecords of that court, in which he states, 
that Alexander McCullaugh, Sen. died at Pensacola without children, 
shortly after June, 1781, and that liis hrotiier, John Bay, was one 
of his administrators, and that he took possession of all his title pa- 
pers, grants, &c. and carried them to South Carolina, and deposited 
them with the deponent foi- saL keepinj^, and that sometime thereaf- 
ter, a young man calling himself Alexander McCullaugh arrived 
from Ireland, in consequence of letters wiitten to him by the admin- 
istrators of his deceased uncle, and called on deponent and informed 
him that his father, the brother of Alexander, Sen. had died intestate, 
and that he was the heir and nephew of Alexander, Sen. deceased; 
and, at the same time, produced certificates and testimonials, all au- 
thenticated in such a manner by competent tribunals in Ireland, as 
left no doubt on deponent's mind, that the said Alexander, Jr. was 
heir at law of Alexander Sen. in consequence of which he gave hitn 
all his uncle's grants, deeds, &c. certified in due form. 

The claim of John J. Simpson to lot No. 231, in the city of Pensa- 
cola, derived from Spanish titles, is founded on — 

A cojjy of a mesne conveyance from Manuel Gonzales to the claim- 
ant, passed before Governor Callava, and the assistant witnesses, 
Sausa and Rioboo, on the tOth of May, 1819, certified to be a true 
copy by the same persons on the same day. Also, an extract from 
the piotocols, certified to be a true one by Joseph E. Caro, keeper of 
the public archives, which states, that Gonzales purchased the said 
lot with the improvements thereon, fiom Vincente ignacio Ramos, by 
act of sale passed before Governor Maxent and the assistant wit- 
nessv"s, Sausa and Villaverde, on the 2d June, I8j(), which recites, 
that the said lot was granted to Ramos by Intendant Morales, on 
the 29th January, 1810^ and that the improvements were made by 
him. 

In addition to the foregoing title papers, the said John J. Simpson 
proves the signatur-es of the Spanish officers annexed to the grant. 

All which is respectfully submitted by the undersigned commis- 
sioners. 

SAM'L R. OVERTON, 
JOS. M. WHITE. 



No. r. 

A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 142, in 
the district of West Florida., by titles enianatina; fro:u the British and 



[ill 3 93 

Spanish Governments, with an abstract of the evidence, reported in 
conformity to the provision of tlie 4th section of the act of Congress, 
approved May the 8th, 1822, entitled -'An act for ascertaining 
claims and titles to land within the territories of Florida," by the 
undersigned Commissioners, to wit: 

The claim of David M'Caleb, a citizen of the United States, for 
himself and the heirs and legal representatives of Alexander M-Cul- 
laugh, to lot No. 142, in the city of Fensacola, is founded on — 

First. Letters patent, signed and countersigned, under the great 
sealof the province, granted by George Johnstone, Esq. Captain Ge- 
neral and Commander in Chief, over his Britannic Majesty's pro- 
vince of West Florida, for lot Noe 142, in the city of Pensacola, to 
Ralph Warrllaw, dated October 4th, 1765, certified to have been re- 
corded in due form, having tJie usual front and depth, according to the 
British plan of Pensacola; an original deed of conveyaiice from Ralph 
"Wardlavv, the grantee, to William Marshall, for tije above lot JSo. 
142, dated 6th November, 1765, acknowledged, recorded, and certifi- 
ed. Also, an original lease and release from William Marshall to 
Alexander M'Cullaiigh for said lot. Signed, acknowletlged, and re- 
corded, dated the 18th and 1 9th of August, 1777. 

Also, a certified copy of a bill of sale or deed of conveyance, from 
Alexander M-Cullaugh, nephew and heir at law of Alexander, sen. 
to David M Caleb, of the state of Mississippi, of one equal half part 
of ail the lands and lots owned by Alexander, sen. in the former Bri- 
tish province of West Florida; executed, acknowledged, and record- 
ed in Mississippi territory, dated the 5th of February, 1813; certified 
and authenticated in due form, from the records of Washington coun- 
ty, Mississippi. 

Also, a deposition taken before a Justice of the Peace, in the city of 
New Orleans, of William M*Cnliaiigh, who saith, that Alexander Mc 
Cullaugh, the owner of various land and lots in the former British 
province of West Florida, died at Pensacola; and that the father of 
the deponent was his heir at law; and, after his death, Alexander, jun. 
being the eldest son, was his heir at law. Sworn and subsciibed be- 
fore Simeon Knight, whose signature is authenticated by a certificate 
of the Governor of Louisiana, under the seal of the state. 

Also, a deposition of Robert Fleming, formerly of Charleston, 
South Carolina, taken at Philadelphia, on the 4th day of March, 1823, 
stating, that Alexander M 'Cullaugh, jun. frequently mentioned to 
him, that he was the heir of his uncle, Alexander, sen. who died at 
Pensacola, intestate; and that the deponent was informed by other 
relations of the family, of the same facts, and that the said Alexander, 
jun. shewed him divers documents duly autlienticated in Ireland, 
proving that his father died intestate, and that he w as the heir at law 
or eldest son of his father William, who died intestate; that all the 
documents were authenticated in Ireland, with a view of his tak- 
ing possession of his uncle's lands in West Florida, and that the said 
Alexander, as deponent verily believes, became a citizen of the United 
States in Soutli Carolina, as he could not carry on business on his own 
X " 



94 Cm] 

account as a merchant without; that, sometime thereafter, he moved to 
Jacksonborough, wiiere his house and all his papers were consumed 
by fire; and that, in 1803 or 1804, the said Alexander went out to 
Mississippi in search of his lands and lots, &:c. Sworn to before Ro- 
bert Wharton, Mayor of the city of Philadelphia. 

Also, a deposition of Elihu Hall Bay, taken in a suit in Mississippi, 
and certified from the records of that court, in which he states that 
Alexander McCullaugh, sen. died at Pensacola, without children, 
shortly after June, 1781, and that his brotlier John Bay, was one of 
his administrators, and took possession of all ids title papers, grants, 
&c. and carried them to South Carolina, and deposited them with the 
deponent for safe keeping, and that some time thereafter a young man, 
calling himself Alexander M'Cullaugh, arrived from Ireland, incon- 
sequence of letters written to him by the administrators of his deceased 
uncle, and called on deponent and informed liim that his father, the 
brother of Alexander, sen. had died intestate, and that he was the heir 
and nephew of Alexander, sen. deceased, and, at the same time, pro- 
duced certificates and testimonials, all authenticated in such a manner 
by competent tribunals in Ireland, as left no doubt on deponent's mind 
that the said Alexander, jun. was heir at law of Alexander, sen. iu 
consequence of which he gave him all his uncle's grants, deeds, &c. 
certified in due form. 

The claim of Joseph Roche to part of lot No. 142, in the city of Pen- 
sacola, deriv ed from Spanish title, is founded on — 

A copy of an act of sale at auction, made to Marcos Riera, by Fran- 
cisco Paula Gelabert, Governor, in obedience to a decree of £1 Baron 
de Carondelet. Gov. General of Louisiana, dated the 5th of August, 
1776, being for one lot,number 142, as the property of Zenon Balls, 
deceased; certified to be a true copy by Joseph E. Caro, keeper of the 
public archives, on the 10th day of December, 1822. Also, a copy of 
a mesne conveyance from Marcos Riera, to the claimant, passed be- 
fore Governor Maxent; and the assistant witnesses, Sausa and Montes 
de Oca, on the 30th June, 18l0j certified to be a true copy by the same 
persons on the same day. 

In addition to the foregoing, the said Joseph Roche proves the sig- 
natures of the Spanish officers annexed to the title papers, and that 
the said lot before mentioned, was enclosed and a house erected upon 
it for upwards of thirty -five years. 

The claim of Nielson and Randolph, to one fifth part of the above 
lot No. 142. derived from Spanish titles, is founded on — 

A copy of mesne conveyance from William King to the claimant 
passed befin^e Governor Callava, and the assistant witnesses, Do- 
mingo Sousa and Joseph E. Caro, on the 16th of February, 1820; 
certified to be a true copy by Joseph E. Caro, keeper of the public 
archives, on the 30th December, 1822. Also, an extract from the 
protocols, certified to be a true copy by Joseph E. Caro, keeper of the 
public archives, which states, that Wm. King purchased of Jo!m de 
la Rua, attorney in fact of James Fontenals, on the 27th of November, 
1818; that James Fontenals purchased at a public sale of the estate of 
Marcos Riera, deceased, on the 12th of August, 1812. 



[Ill] 95 

Note. — See doeumentary and parole testimony, adduced in the 
above claim of Joseph Roche to a part of the said lot, which likewise 
applies to this claim. 

All which is respectfully submitted by the undersigned Commis- 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. 8. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 233, in 
the District of West Florida, by titles emanating from the British and 
Spanish Governments, with an abstract of the evidence, reported in 
conformity to the provision of the 4th section of the act of Congress, 
approved May the 8th, 1822, entitled "An act for ascertaining claims 
and titles to land within the territories of Florida," by the undersign- 
ed commissioners, to wit: 

The claim of David M'Caleb, a citizen of the United States, for 
himself and the heirs and legal representatives of Alexander M'Cul- 
laugh, deceased, to lot No. 233, in the city of Pensacola, is founded 
on — 

An extract from the Indices of the British records of West Florida, 
now in the General Land Office, showing, that the above mentioned 
lot was granted to Laughlin M'Guire, jon the 10th January, \767; 
certified by John M'Lean, Commissioner of the General Land Office. 
Also, an original lease and release, signed, acknowledged, and re- 
corded, from the grantee to Alexander Moore, dated the 10th and 11th 
September, 1767. Also, a deed of bargain and sale, from Alexander 
Moore and wife, to Alexander M'Cullaugh, dated 8th July, 1777, for 
the said lot. 

Also, a certified copy of a bill of sale, or deed of conveyance, from 
Alexander M'Cullaugh, nephew and lieir at law of Alexander, Sen. 
to David M'Caleb, of the state of Mississippi, of one equal half part 
of all the lands and lots owned by Alexander, Sen. in the former Bri- 
tish Province of West Florida, executed, acknowledged, and recorded 
in Mississippi Territory, dated the 5th of February, 1813, certified 
and authenticated in due form, from the records of Washington county, 
Mississippi. 

Also, a deposition, taken before a justice of the peace in the city of 
New Orleans, of Wm. M'Cullaugh, who saith, that Alexander 
M'Cullaugh, the owner of various lands and lots, in the former Bri- 
tish Province of West Florida, died at Pensacola, and that the father 
of tlic deponent was his heir at law, and, after his death, Alexander, 
Jr. being the eldest son, was his heir at law; sworn and subscribed 
before Simeon Knight, whose signature is authenticated by a certifi- 
cate of the Governor of Louisiana, under the seal of the state. 



96 [111] 

Also, a depositiosi of Robert Fleming, formerly of Charleston, 
South Carolina, taken at Fhiladelpiiia on the 4th day of March, 1823, 
stating, that Alexander M'Cullaiigh, Jr. frequently mentioned to him 
that he was the heir of his uncle, Alexander, Sen. who died at Pen- 
sacola intestale, and that tlie deponent was informed by other rela- 
tions of the family of the same facts, and that the said Alexander, Jr. 
shewed him divers documents duly authenticated in Ireland, proving 
that his fatlier died intestate, and that he was the heir at law, or eld- 
est son, of his father. William, who died intestate: that all the docu- 
ments were authenticated in Ireland, with a view of his taking pos- 
session of his uncle's lands in West Florida, and that the said Alex- 
ander, as deponent verily believes, became a citizen of the United 
States, in South Carolina, as he couhl not carry on business on his 
own account as a merchant, without; that sometime thereafter he 
moved to Jacksonborough, where his house and all his papers were 
consumed by fire, and that in 1803 or 1804, the said Alexander went 
out to Mississippi in search of his lands and lots, &c. Sworn to be- 
fore Robert Wharton, Mayor of the city of Philadelphia. 

Also, a deposition of Elihu Hall Bay, taken in a suit in Missis- 
sippi, and certified from the records of that Court, in which he states, 
that Alexander M'Cullaugh, Sen. died at Pensacola without children, 
shortly after June, 1781, and that his brot])er, John Bay, was one of 
his administrators, and took possession of all his title papers, grants, 
&c. and carried them to South Carolina, and deposited them with the 
deponent for safe keeping? and that some time thereafter a young man 
calling himself Alexander M'Cullaugh, arrived from Ireland, in con- 
sequence of letters written to liim by the administrators of his deceas- 
ed uncle, and called on deponent and informed him that his father, 
the brother of Alexander, Sen. had died intestate, and that he was the 
heir and nephew of Alexander. Sen. deceased, and at the same time 
produced certificates and testimonials, all authenticated in such a 
manner by competent tribunals in Ireland, as left no doubt on depon- 
ent's mind t'aat the said Alexander, Jr. was heir at law of Alexander, 
Sen. in consequence of whicii he gave him all his uncle's grants, deeds, 
&c. — Certified in due form. 

The claim of Mariana Bonifay to lot No, 233, in the city of Pensa- 
cola, derived from Spanish title, is founded on— . 

An original grant to John E. Aleck, made by the Intendant Mora- 
les, countersigned by F. G. Arroyo, Secretary, and dated the 9th of 
May, 1810. Also, a copy of a mesne conveyance from the grantee to 
the present claimant, executed before Wm. King, temporary Go- 
vernor, and James Scallan, Secretary, on the I7th June, 1818, cer- 
tified to be a true copy by said King and Scallan. 

In addition to the foregoiisg title papers, the said Mariana Bonifay 
proved, by parole testimony, the signatures of the Spanish officers an- 
nexed to the grant, and that the said lot above mentioned was enclos- 
ed, and a house erected upon it, in compliance with the conditions, 
within a year of the grant. 

All of which is respectfully submitted by the undersigned Com- 
missioner. SAM'L R. OVERTON, 

JOS. M. WHITE. 



[ ill ] 97 

No. 9. 
A REPORT 

Of claims to a lot of ground in tlie city of Pensacola, No. 157, in 
the district of West Florida, by titles emanating fi'om the Britisli and 
Spanish Governments, with an abstract of the evidence, reported in 
conformity to the provision of the 4th section of the act of Congress, 
approved May the 8th, 1822, entitled *' An act for ascertaining claims 
and titles to la^id within the territories of Florida," by the under- 
signed Commissioners, to v.it: 

The claim of David M* Caleb, a citizen of the United States, for 
himself and the heirs and legal representatives of Alexander M*Cul- 
laugh, deceased, to lot. No. 1 57 ^ in t!ie city of Pensacola, is tbiinded on: 

A deed poll from Alexander M'Cullaugh, deputy provost marshal, 
to Thomas Underv^'ood, dated Slst of March, 1774. reciting that the 
lot was granted to James Cavanaugh, and sold to satisfy a judgment 
against him. Also, an original deed of lease and releaf?e, from Fiio- 
mas Underwood to Alexander M'Cullaugh, dated the l6ih and 17th of 
January, 1775: acknowledged, recorded, and certifici'. 

Also, a certified copy of a bill of sale, or deed of conveyance, from 
Alexander M'Cullaugh, nephew and heir at law of Alexander, sen. 
to David M'Caieb, of the state of Mississippi, of one equal half part of 
all the lands and lots owned by Alexander, sen. in the fos-mer British 
province of West Florida, executed, acknowledged, and recorded in 
Mississippi territory, dated the 5th of February, one thousand eight 
hundred and thirteen: certified and authenticated in due form, from 
the records of Washington county, Mississippi. 

Also, a deposition, taken before a justice of the peace, in the city of 
New Orleans, of William M'Cullaugh, who saith that Alexander 
M'Cullaugh, the owner of various lands and lots, in the former Bri- 
tish province of West Florida, died at Pensacola, and that the father 
of this deponent was his heir at law, and after his death, Alexander, 
jr. being the eldest son, was his heir at law. Sworn and subscribed 
before Simeon Knight, whose signature is authenticated by a certifi- 
cate of the Governor of Louisiana, under the seal of the state. 
, Also, a deposition of Robert Fleming, formerly of Charleston, 
South Carolina, taken at Philadelphia, on tlie 4th day of March, 1 82S, 
stating, that Alexander M'Cullaugh, jr. frequently mentioned to him 
that he was the heir of his uncle Alexander, sen who died at Pensa- 
cola, intestate, and that the deponent was informed by other relations 
of the family of the same facts, and that the said Alexander, jr. shewed 
him divers documents, duly authenticated in Ireland, proving that his 
father died intestate, and that he was the heir at law. or eldest son of 
his father William, who died intestate; that all the documents were 
authenticated in Ireland, with a view of his taking possession of his 
uncle's lands in West Florida; and that the said Alexander, as de- 
ponent verily believes, became a citizea of the United States in South 
Carolina, as he could not carry on business on his own account, as a 



98 [111 3 

merchant, m itiiout; that some time thereafter, he moved to Jackson- 
borough, where his house and all his papers were consumed bj fire; 
and that, in 1803 or 1804, the said Alexander went out to Mississip- 
pi in search of his lands and lots, kc. Sworn to before Robert Whar- 
ton, Mayor of the city of Philadelphia. 

Also, a deposition of Elihu Hall Bay, taken in a suit in Mississippi, 
and certified from the records of that court, in which he states that 
Alex. M'Cullaugh, sen. died atPensacola, without children, shortly 
after June, 1781; and that his brother, John Bay, was one of his ad- 
ministrators, and took possession of all his title papers, grants, &c. 
and carried them to South Carolina, and deposited them with the de- 
ponent for safe keeping; and that, some time thereafter, a young man 
calling hivnself Alexander M*Cullaugl«, arrived from Ireland, in con- 
sequence of letters written to him by the administrators of his deceased 
uncle, and called on deponent and informed him, that his father, the 
brother of Alexander, sen. had died intestate, and that he was the 
heir and nephew of vVlexander, sen. deceased; and at the same time 
produced certificates and testimonials, all authenticated in such a 
manner by competent tribunals in Ireland, as left no doubt on depon- 
ent's mind that the said Alexander, jun. was heir at law of Alexander, 
sen. in consequence of which, he gave him all his uncle's grants, deeds, 
&c. Certified in due form. 

The claim of H. H. B. Hays and John Duncan, to the eastern half 
of lot No. 157, derived from Spanish title, is founded on— 

A copy of a mesne conveyance from Jose Maura, Attorney in fact 
of Elena Gayarra, to the claimants, passed before Governor Calava, 
countersigned by Domingo Sousa and Joseph E. Caro, assistant wit- 
nesses, dated 20th March, 1820. Also, an extract from the proto- 
cols, certified to be a true one by Joseph E. Caro, keeper of the pub- 
lic archives, showing that Elena Gayarra, purchased from Juan Gal- 
guera, on the 1st June, 1810. Also, was produced by Joseph E. 
Caro, keeper of the public archives, an original grant, or title in form, 
made to Galguera by the Intendant Morales, countersigned by Gu- 
tierres de Arroyo, Secretary: dated 20th of February, 1810. 

In addition to the foregoing title papers, the said H. H. B. Hays 
and John Duncan, proved, by parole testimony, the signatures of the 
Spanish officers annexed to the grant, and that the said lot above- 
mentioned was enclosed, and a house erected upon it, in compliance 
with the conditions, within a year of the grant. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R.OVERTON, 
JOSEPH xM. WHITE. 



[Ill] 99 

No. 10. 

A REPORT 

Of claims to four lots of ground in the city of Pensacola, Nos. 96, 
230, 265, and 266, in the District of West Florida, by titles emanat- 
ing irom the British and Spanish Governments, with an abstract of 
the evidence, reported in conformity to the provision of tlie 4 th sec- 
tion of the act of Congress, ai)proved May the 8th: 1822, entitled 
"An act for ascertaining claims and titles to land within the terri- 
tories of Florida," by the undersigned commissioners, to wit: 

The claim of David M' Caleb, a citizen of the United States, for 
himself, and the heirs and legal representatives of Alexander M'Cul- 
laugh. deceased, to lots Nos. 96, 230, 265, and 266, in the city of 
Pensacola, is founded on — 

An extract from the indices of the British records of West Florida, 
in the General Land Oflice of the United States, certified by John 
M'Lean, Commissioner thereof, showing, that lots Nos. 96, 230, 265, 
and 266, were granted by letters patent from the British Governm<^nt 
to Montford Browne. Also, an original lease and release from the 
grantee to Alexander M'Cullaugh, dated the 2d and Sd of November, 
1775, for the said lots, acknowledged, recorded, and certified. 

Also, a certified copy of a bill of sale, or deed of conveyance, from 
Alexander M'Cullaugh, nephew and heir at law of Alexander, Sen. 
to David M'Caleb of the state of Mississippi, of one equal half part 
of all the lands and lots owned by Alexander, Sen. in the former Bri- 
tish Province of West Florida, executed, acknowledged, and record- 
ed in Mississippi territory, dated the 5th of February, 1813; certified 
and authenticated in due form, from the records of Washington coun- 
ty, Mississippi. 

Also, a deposition, taken before a justice of the peace in the city of 
New Orleans, of William M'Cullaugh, who saith, that Alexander 
M'Cullaugh, the owner of various lands and lots in the former Bri- 
tish Province of West Florida, died at Pensacola, and that the father 
of the deponent was his heir at law; and, after his death, Alexander, 
)r. being the eldest son, was his heir at law; sworn and subscribed 
before Simeon Knight, whose signature is autlienticated by a certifi- 
cate of the Govei-nor of Louisiana, under the seal of the state. 

Also, a deposition of Robert Fleming, formerly of Charleston, 
South Carolina, taken at Philadelphia on the 4th day of March, 1823, 
stating, that Alexander M'Cullaugh, Jr. frequently mentioned to him 
that he was the heir of his uncle, Alexander, Sen. who died at Pensa- 
cola intestate, and that the deponent was informed by other relations 
of the family, of the same facts, and that the said Alexander, Jr. 
showed him divers documents duly authenticated in Ireland, proviiig 
that his father died intestate, and that he was the heir at law, or eld- 
est son, of his father William, who died intestate; that all the docu- 
ments were authenticated in Ireland, with a view of his taking pos- 
session of his uncle's lands in West Florida, and that the said Alex- 



100 [HI] 

ander, as tieponent verily believes, became a citizen of the United 
States, in the state of South CarSlina, as lie could not carry on busi- 
siness on his own account, as a merchant, without; that sometime 
thereafter he removed to Jacksonboiough, where iiis house and all his 
papers were consumed by fire, and tiiat, in 1803 or 1804, the said 
Alexander went out to Mississippi in search oi his hinds and lots, 
&c. Sworn to before Robert Wharton, Mayor of the city of Phila= 
delphia. 

Also, a deposition of Elihu Hall Bay, taken in a suit in Missis- 
sippi, and certified from the recf)rds of tlia? Court, in which he states, 
that Alexander M'CulIaugh, Sen. died at Pensacola without child- 
ren, shorS!}' after June, 17S1, and that his brother, John Bay, was 
one of his administrators, and took possession of all his title papers, 
grants, &c. and carried them to South Carolina, and deposited them 
"with the deponent for safe keeping: and that sometime thereafter a 
young man, calling himself Alexander M'CulIaugh, arrived from 
Ireland in consequence of letters written to him by the administra- 
tors of his deceased uncle, and called on deponent, and informed him 
that his father, the brother of Alexander, Sen. had died intestate, 
and that he was the heir and nephew of Alexander, Sen. deceased/ 
and at the same time, produced certificates and testimonials, all au- 
thenticated in such a manner, by competent tribunals in Ireland, as 
left no doubt on deponent's mind that the said Alexander, Jr. was 
heir at law of Alexander. Sen. in consequence of which he gave him 
all his uncle's grants deeds, &c. — Certified in due form 

The claim of Joseph Maria Mesa to the western half of lot No. 96, 
in the city of Pensacola, derived from Spanish titles, is founded on — • 

An original decree of concession, made to the claimant by John 
Ventura Morales, Intendant General, countersigned by John Morales 
and Vicente Ignacio Ramos, assistant witnesses, dated 21st of May, 
1812. 

Also, an original certificate of survey, executed and returned by 
Vicente Sebastian Pintado, Sur\eyor General, dated 7th of July, 
18 i 2, reciting, that, in obedience to the foregoing decree, he surveyed 
and measured for the claimant, the western half of lot No. 96, situ- 
ated on Cuna street, containing forty feet front on said street, by 170 
feet depth. 

In addition to the foregoing title papers, the said claimant proved, 
by parole testimony, the authenticity of the title papers; that he enclos- 
ed the half of lot No. 96 soon after he obtained the grant, and that 
he built a fi-ame house thereon about the end of the year 1812. 

The claim of Antonio Montero to lot No. 230, in the city of Pensa- 
cola. derived from Spanish titles, is founded on — 

An original grant from the Intendant Morales, countersigned by 
F. G. Arroyo, Secretary, made to Antonio Montero, and bearing 
date the 26th of February, IB 10. 

In addition to the foregoing title papers, thesaid Antonio Montero 
proves, by parole testimony, the signatures of the Spanish officers an- 
nexed to the grant, and that the said lot above meritioned was enclosed, 



[Ill] 101 

and a house erected upon it in compliance with the conditions, within 
a year of the grant. 

The claim of Eiigenio Antonio Sierra to lot No. 265, in the city of 
Pensacola= derived from a Spanish title, is founded on 

An original grant, made by the Intendant Morales, countersigned 
by Secretary Arroyo, to Andres Cadet, dated the 24th of March, 
18! 2. Also, a copy of a mesne conveyance from said Cadet to E. 
A. Sierra, passed before San Maxent, Governor ad interim, and the 
assistant witnesses, Domingo Sausa and Juan Villaverde, on the 12th 
of April, 1812, certified on the same day to be a true copy, by said 
Maxent, and the same assistants. 

In addition to the foregoing title papers, the said Eugenio Antonio 
Sierra, proves, by parole testimony, the signatures of the Spanish 
officers annexed to the grant; and that the said lot above mentioned 
was enclosed, and a house erected upon it, in compliance with the 
conditions, within a year of the grant. 

The claim of Charles de Grand Pre, to lot No. 266, in the city of 
Pensacola, derived from Spanish title, is founded on — 

An original grant, or title in form, made to the claimant by the 
Intendant Morales, countersigned by F. G. Arroyo, Secretary, and 
dated the 24th March, 1812. 

In addition to the foregoing, the said Charles de Grand Pre proves, 
by parole testimony, the signatures of the Spanish officers annexed to 
the grant, and that the said lot abovementioned, was enclosed within 
a year after it was granted to him, but never built on in consequence 
of its marshy situation. 

All of which is respectfully submitted by the undersigned Com- 
missioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



102 [111] 

No. 11. 
A REPORT 

Of claims to a tract of land, containing eight hundred arpens, sit- 
uated forty-seven perches to the south of the suburb of the city of 
Pensacola, bounded with Galvez Spring, in the district of West Flo- 
rida, claimed in part by titles emanating from the British Govern- 
ment, and in toto by a claim emanating from the Spanish Govern- 
ment, with an abstract of the evidence, reported in conformity to the 
provision of the 4th section of the act of Congress, approved May 
the 8th- 1822, entitled "An act for ascertaining claims and titles to 
land within the territory of Florida," by the undersigned Commis- 
sioners, to wit: 

The claim of Theodore Galliard, Cornelia his wife, formerly Cor- 
nelia Marshall, and Jane Marshall, citizens of the United States, to 
two hundred and fifty acres of land, derived from the British Go- 
vernment, is founded on — 

A plat and certificate of survey, made byEliasDurnford, Surveyor 
General of the province of West Florida, pursuant to a warrant from 
Montfort Browne, Esq. Lieutenant Governor of his Britannic Ma- 
jesty's province aforesaid^ certified on the 28th of August, 1768. 

Also, an original patent, under the great seal, granted by the said 
Montford Browne to William Marshall, for the said land, on the 
usual conditions, dated the Ijth of December, 1768: signed, coun- 
tei'signed, and recorded. 

Also, a certified copy of a deed of trust of William Marshall, sen. 
of all the lands, &c son of the aforesaid William, to Theodore Gal- 
liard, and for the benefit of Cornelia his wife, and Jane Marshall, to 
which the said William was entitled in the province of West Florida, 
and up(>n trust and condition therein enumerated and expressed, dated 
the 2d of November, 1803, with a schedule of the lands and lots 
thereunto annexed: certified to be a true copy by Charles S. Tucker, 
Register, whose signature is authenticated by a certificate of the Go- 
vernor and Secretary of South Carolina, under the great seal, dated 
19th September, 1822. 

Also, a deposition of Elihu Hall Bay, duly certified and authenti- 
cated, stating that William Marshall, sen. was a staff officer in the 
British ordnance department, and resided in Pensacola, until the pro- 
vince was suriendered to Spain; that, during this period, he had 
various grants of lauds made to him by the different British Gover- 
nors; that the deponent was well acquainted with William Marshall 
and his affairs, and about the year 1781 or 1782, he left Pensacola, 
and went to South Carolina and settled himself in the city of Charles- 
ton, and soon after became a citizen of said state; that the said Wil- 
liam died several years afterwards, leaving a son named William, one 
of the judges of the state, who died some years ago, leaving two 
daughters, Cornelia, wife of Theodore Galliard, and Jane Marshall; 
that VVilliam Marshall, sen. had a number of negroes in West Flo- 
rida, and cultivated two tracts of land, and that he was in actual pos- 



[HI] 108 

session of several lots in Pensacola, on one of which he resided. 
Signed and sworn to before William S. Smith, Clerk of the Court of 
Common Pleas, whose signature and seal is accredited by the certifi- 
cate of the presiding Judge and Governor of South Carolina, under 
their respectii^e hands and seals. 

Also, a deposition of John Black, stating that he resided sometime 
in Pensacola until the capture of that place by the Spaniards, and 
that he was well acquainted with William Marshall, who resided in 
his own house, situated about two lots distant from the corner of 
George street, leading to Fort George, and that the said Marshall 
owned many tracts of land in the vicinity of Pensacola, and else- 
where in the province; and further aaith, that the said William Mar- 
shall came to Charleston with his family, where he became a citizen, 
and resided the remainder of his lifej his family were, his son Wil- 
liam, now dead, and his daughters Cornelia and Jane. Sworn to, cer- 
tified, and authenticated as above. 

The claim of William King, derived from the Spanish Government, 
to 800 arpens of land, situated about 47 perches to the south of the 
suburb of the city of Pensacola, bounded with San Maxent's tract 
of land, and north with Galvez Spring, is founded on the following 
title papers and testimony, exhibited in support thereof, to wit : 

A copy of a plat and an original certificate, made by Vicente Se- 
bastian Pintado, Surveyor General, dated Havana, 3d December, 
1819, stating that the annexed plat is a true copy from the original 
attached to the original proceedings instituted by Thomas P- Rioboo, 
on the 8th of October, 1819; and by a decree of the Intendant and 
Superintendent General of Havana, dated 26th of November last, an 
authenticated copy of the following proceedings were granted to said 
Kioboo; signed and sealed as above. 

Also, a copy of a certificate signed by Carlos Reggio, Pedro Reg- 
gio, Jose Noriega, Lewis Daunoy, and Santiago Dauphine, dated 
Pensacola, 2d of August, 1819, proving that Thomas P. Rioboo cul- 
tivated a tract of land at the place known by Galvez Spring. Signed 
and dated as above. 

Also, a copy of a petition signed by Rioboo, dated Havana, 8th of 
October, 1819, addressed to the Intendant and Superinteridant Gen- 
eral, setting forth, that on the 13th of Pjptember, 1806, Don Juan 
Ventura Morales, Intendant of the provl iCe of West Florida, ordered 
that a tract of land of 800 arpens, situated at Galvez Spring, should 
be surveyed and measured for Gregoria Artacho, having petitioned 
for the same, and afterwards conveyed to your petitioner, praying 
that by tie Surveyor General,. Vincent Sebastian Pintado, a certified 
copy of the said grant, or of the title in form, should be given to him. 

Also, a copy of a decree of the Intendant General, dated Havana, 
9th of October, 1819, referring the proceedings to the Fiscal. 

Also, a copy of the Fiscal's opinion, dated Havana, I6th of Octo- 
ber, 1819, slating that the proceedings be referred to the Surveyor 
General, Vicente Sebastian Pintado, to report according to the soli- 
citude of the petitioner. 



104 [111] 

Also, a copy of a decree by the Intendant General, dated Havana, 
16th of October, 1819. stating that in coriformity'with the Fiscal's 
opinion, let the {)roceedings be leferred to the Surveyor General, Vi- 
cente Sebastian Pintado, for the report so required. 

Also, a copy of a report made by Vicente Sebastian Pintado. Sur- 
veyor General, dated Havana, 29th of October, 1819, in obedience to 
the foregoing decjee- stating that, by decree of the Intendant of the 
province of West Florida, dated 13th of September, 1806, there was 
granted and surveyed for Gregoria Artacho, a tract of land, situated 
in the contiguities of the town of Pensacola, containing twenty ar- 
pens front, by forty in depth, at Galvez Spring, which original grant 
for the said land I have delivered at the Secretary's office, on the 29th 
of Mai'ch last. Signed and dated as above. 

Also, a copy of the Fiscars opinion, dated Havana. 26th of Novem- 
ber. 1819. stating, that, by reference to the report of the Surveyor 
General Vicente S Pintado, and other documents hereurjto annexed, 
it is proved that the concession of 800 arpens of land, made in the 
year 1806, by the Intendant to Don Gregario Artacho, (now the pro- 
perty of Thomas P. Rioboo,) is a lawful one, as nmde in time quali- 
fied for, and by competent authority; in consequence of which he is 
of opinion, that the said Rioboo can maintain the possession of the 
said land, in virtue of the above statement, and the loss of the origi- 
nal title papers, without interfering with a third person. (Signed) 
Figuero. 

Also, a copy of a decree by the Intendant General, dated Havana, 
26th November, 1819, ordering that an authenticated copy of the pro- 
ceedings be granted to tite petitioner: certified to be a true copy by 
Jose Noy, Secretary of the Royal Hacienda, dated 3d of December, 
1819. The signature of Jose Noy is accredited by Francisco Ayala, 
Manuel de la Torre, and Mauricio Parras Pita, Notaries Public of 
the city of Havana, dated 3d December, 1819. 

Also, a copy of a mesne conveyance from Thomas P- Rioboo to the 
claimant, passed before William King, Governor, ad interim, coun- 
tersigned by Miguel M Kinsee, dated 28th November, 1818, certified 
to be a true copy by Governor Callava, countersigned by Domingo 
Sausa and Thomas P. Rioboo, on the 5th of April, 1819. 

In addition to the foregoing title papers, the said William King 
proved, by parole testimony, that Gregoria Artacho settled upon the 
above tract of land in the year 1806; that there were two small houses, 
and about six ai-pens cleared and enclosed; that he continued the cul- 
tivation about three or four years, and obtained the said tract of land 
by a grant of Morales. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



C 111 ] 105 

No 12. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 101, and 
the corresponding garden lot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments, with an 1b- 
stract of the evidence, reported in conformity to the provision of ihe 
4th section of the act of Congress, approved May the 8th, 1822, en- 
titled "An act for ascertaining claims and titles to land within the 
territories of Florida," by tl»e undersigned Commissioners, to wit: 

The claim of Bernard Marigny, curator of his minor sons, Gus- 
tave and Prospere Marigny, Henry M'Call, acting for and in behalf 
of his wife, Lise M'Call, citizens of the United States, to lot No. 101, 
and tiie corresponding garden lot, in the city of Pensacola, is found- 
ed on — 

A certificate of survey, executed by Elias Durnford, Surveyor Ge- 
neral, pursuant to a warrant from his Excellency George Johnstone, 
Esq Governor and Commander in Chief in and over liis Britannic 
Majesty's province of West Florida, bearing date 24th of May, 1766, 
setting forth, that he measured and laid out for Evan Jones, Esq, 
lot No. 101, in the town of Pensacola, 80 feet front by 340 in depth, 
with the corresponding garden lot; certified on the 10th of Novem- 
ber, 1766. 

Also, an original patent, granted to Evan Jones, Esq. by Mont- 
fort Brown, Esq. Lieutenant Governor in and over his Britannic 
Majesty's province of West Florida, under the great seal; signed 
and certified by Alexander Maclellan, Deputy Provost Secretary, 
dated 18th of December, 1766, upon the usual conditions. 

Also, a deposition of Thomas and David UiquJjart, stating, that 
they wereacquainted with both Evan and James Jones, who formerly 
resided in West Florida, while the same was a British province; that 
they were brothers; that James Jones died first, and that Evan be- 
came his heir. Deponents further say, that they knew that Evan 
Jones is now also deceased; that said Evan Jones had two daughters, 
Maria and Lise; that the former was married to Bernard Marigny, 
of New Orleans, by whom she had two sons, Gustave and Prospere, 
and that she is now deceased, leaving said two sons; that the second 
daughter, (Lise,) of said Evan Jones, is now tiie wife of Henry Mc- 
Call, of the state of Lousiana; sworn to and subscribed before L. M. 
Paney. Justice of the Peace; dated New Orleans, 11th August, 1824, 
whose signature is accredited by Thomas Boiling Robertson, Gover- 
nor of the state of Louisiana, under the seal of the state; dated 12th 
August, 1824. 

The claim of John Chabeaux to the abovementioned lot, No. 101, 
derived from Spanish title, is founded on— 

An original grant, or title in form, made to Eufrosina Hinard, by 
Governor Masot, countersigned by the assistant witnesses, Sausa and 
Cevalios, and dated the 6th December, 1817, 



106 [^11] 



Also, a copy of a mesne conveyance from Cirilo de Morantto the 
claimasU; passed before Governor Masot, and the assistant witnesses, 
Sausa and Ccvallos, on the 10th March 1818; certified to oe a true 
copy by Joseph E- Caro, keeper of the public archives, on the 7th 
April. 18233 which deed recites, that Morant purchased of Eufrosina 
11 in aid 

In addition to the foregoing title papers, the said John Chabeaux 
proved, by pa^roie testimony, the signatures of the Spanish officers 
annexed to the grant; and that the said lot abovementioaed was en- 
ch)sed and had a iiouse erected upon it, in compliance with the coudi- 
tions, within a year of the grant. 

All which is respectfully submitted by tiie undersigned Commis- 
sioners. 

SAM'L. R. OVERTON. 
JOSEPH M. WHITE. 



No. 13. 
A REPORT 

Of claims to a Jot of ground in the city of Pensacola, No. 45, and 
the corresponding gatden lot, in the disti'ict of 'Vest Florida, by ti- 
tles efiianating from the Britisb and Spanish Governments, with an 
abstract of the evidence, reported in conformity to the provisions of 
the 4th section of the act of Congress, approved May the 8th, 1822, 
entitled " An act for ascertaining claims and titles to lands within 
the territories of Florida/' by the undersigned Commissioners^ to 
wit: 

The claim of Bernard Marigny, Curator of his minor sons, Gus- 
tave and Prospere Marigny, Henry M*Call, acting for and in behalf 
of his wife, Lise M'Call, citizens of the United States, to lot No. 43, 
and the corresponding garden lot, in the city of Pensacola, is found- 
ed on — 

A certificate of survey, made by Elias Durnford, Surveyor General, 
pursuant to a warrant from his honor Montfort Brown, Esq. Lieuten- 
ant Governor, ami Commander in Chief, in and over hi« Britannic 
Majesty's province of West Florida, bearing date 23d day of Decem- 
ber, 1767. stating, that he surveyed, for Alexander Carlisle, a town 
lot. No. 43, with the corresponding garden lot, having the usual front 
and depth, certified on the 12th of January, 1768. 

Also, an original patent granted to Alexander Carlisle, by Mont- 
fort Brown, Esq. Lieutenant Governor, and Commander in Chief, in 
and over his Britannic Majesty's province of West Florida, under 
the great seal; signed and certified by Daniel Clark, Deputy Pro- 
vost Secretary, dated 26th day of January, 1768, upon the usual con- 
ditions. 

Note. See Thomas and David Urquhart's deposition, which like- 
wise applies to this claim, in report No. 12. 



[Ill ] 107 

The claim of Manuel Josepli Penalbert, to the above mentioned lot 
No. 43, in the city of Pensacola, derived from Spanish title is found- 
ed on — 

A copy of an act of sale from Augustin Rniz, to the claimant, ex- 
ecuted i3ef(>re Governor San Maxent, on the 27th day of February, 
1808; certified to be a true copy, by Enrique de Grand Pre, Consti- 
tutional Alcalde. 

In addition to the foregoing title paper, the said Manuel Joseph 
Penalbert. proved, by parole testimony, the signatures of the Spanish 
officers annexed to the title paper; and that in the year 1806, there 
was a small framed house and enclosure on said lot; that a large 
house was erected on it in 1807; that the said lot has been viewed as 
private property ever since, and was occupied by said Penalbert, and 
furthe»' s'iih nut- 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. 14. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 85, and 
the corresponding garden lot, in the district of West Florida, by ti- 
tles emanating from the British and Spanish Governments, with an 
abstract of the evidence, reported in conformity to the provisions oftiie 
4th section of an act of Congress, approved May the 8th, 1822, enti- 
tled " An act for ascertaining claims and titles to lands within the ter- 
ritories of Florida," by the undersigned Commissioners, to wit: 

The claim of Birnard Marigny, Curator of his minor sons, Gus- 
tave and Prospere Marigny. Henry M*Call, acting for and in behalf 
of his wife Lise M-CaH, citizens of the United States, to lot No. 85, 
and the corresponding garden lot, in the city of Pensacola, is found- 
ed on — 

A certificate of survey made by Elias Durnford, Surveyor Gene- 
ral, pursuant to a w^arrant from his Excellency Geos ge Johnstone, 
Esq. Captain General and Governor in Chief, in and over his Bri- 
tannic Majesty's province of West Florida, bearing date 6th of June, 
1765 reciting that he surveved and laid out, for Richard Payne, lot 
No. 85, in the town of Pensacola, with the corresponding garden lot, 
having the usual front and depth, certified on the 19th August, 1765. 

Also, ati original patent, granted to Richard Payne, by George 
Johnstone, Esq Captain General, and Governor in Chief, in and over 
his Britannic >lajesty's Province of West Florida, under the great 
seal; signed and certified by Alexander Maclellan, Deputy Provost 
Secretary; dated 26th day of September, 1765, upon the usual con- 
ditions. 



108 r 111 ] 

Note. See Thomas and David Urquhart's deposition, which like- 
wise applies to this claim, in report No. 12. 

The claim of Joseph Noriega to the abovementioned lot, No. 85, 
derived from Spanish title, is founded on — 

A copy of a mesne conveyance, from Louis Christian, Attorney in 
fact for Joiin Joyce, executor of Daniel Ward, to Jose' Noriega, sen. 
executed before Governor White, and the assistant witnesses, Benig- 
no Garcia Calderon and Francisco Canedo: dated the 2lst of Janu- 
ary, 1795; certified to be a true copy by Governor White, the same 
assistants, and on the same day. 

Eugenio Lavalle being sworn, saith, that he has known lot No. 85 
ever since the year 1781; that there was a framed house and other 
improvements then on it; that it has been considered private proper- 
ty ever since he knew it, and further sailh not. 

Henry Michelet being sworn, saith, that lot No. 85, has been re- 
spected as the property of Joseph Noriega ever since he first came to 
this place, seventeen yeai's ago; that the family of Noriega has lived 
upon it since that period; that the improvements consist of a large 
framed dwelling house, kitchen, &c. and further saith not. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. 1 5. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 198, 
and the corresponding garden lot, in the District of West Florida, by 
titles emanating from the British and Spanish Governments, with an 
abstract of the evidence, reported in conformity to the provision of 
the 4th section of the act of Congress, approved May the 8th, 1822, 
entitled *'An act for ascertaining claims and titles to lands within 
the territories of Florida," by the undersigned Cummissioners, to 
wit: 

The claim of Bernard Marigny, curator of his minor sons, Gus- 
tavo and Prospere Marigny, Henry M'Call, acting for and in behalf 
of his wife Lise M'Call, citizens of the United States, to lot No. 198, 
in the city of Pensacola, and to corresponding garden lot, is founded 
on — 

A certificate of survey, made by Elias Durnford, Surveyor Gene- 
ral, pursuant to a warrant from his excellency George Johnstone, Esq. 
Governor and Commander in Chief, in and over his Britannic Ma- 
jesty's province of West Florida, bearing date the 21st of January, 
1766, setting forth that he surveyed and laid out for Wm. Litch. a 
town lot, No. 198, with the corresponding garden lot, having the 
usual deptu and front: certified on the 14th of February, 1766. 



[ ill 1 i09 

Also, an original patent granted to William Litch by George John- 
atone, Esq. Governor and Commander in Chief, in and over his Ma- 
jesty's province of West Florida, under the great seal: signed and 
certified by Alexander Maclellan, Deputy Provost Secretary, dated 2d 
of September, 1766, upon the usual conditions. 

Note. — See Thomas and David Urquhart's deposition, which like- 
wise applies to this claim, in Htport, No. 12. 

The claim of John H. Howard to a part of the above lot, being 
fifty feet fronting on Palafox street, derived from Spanish title, is 
founded on — 

A copy of a mesne conveyance from Charles Barron, attorney in 
fact of Alexander Barron, to William Devrewx, agent of John H. 
Howard, passed before Governor Callava, and the assistant witnesses, 
Sausa and Joseph E. Caro, on the 2d of November 1819: certified to 
be a true copy by Joseph E. Caro, Keeper of the Public Archives, on 
the 16th of October, 182S. 

Also, an extract from the protocols, certified to be a true one by 
Joseph E. Caro, Keeper of the Public Archives, which states, that 
Alexander Baron purchased of John de la Rua and Margarita Boni- 
fay, on the 15th July, 1818; that La Rua and Bonifay. obtained the 
said lot by deed of gift from Mariana Bonifay, on the 28th of Febru- 
ary, 1811; that Mariana Bonifay purchased of Manuel on the 
21st of January, 1811; that Manuel Bonifay purchased of Man- 
uel Gonzales, on the 15th of February, 1806; that Gonzales 
purchased the whole of said lot of William Welber, on the 28tli 
of August, 1802; that Welber purchased of Gerald Byrnes by an act 
of sale, dated the 1st of February, 1799. This deed recites, that the 
said lot was granted to the said Byrnes on the 22d August, 1796. 

The claim of John H. Howard to a part of the same lot, JNo. 198, 
being forty feet fronton Palafox street, and 80 deep on Romana street, 
is founded on— 

A copy of a mesne conveyance from John Brosnaham to William 
Devrewx, agent of John H. Howard, passed before Governor Callava, 
and the assistant witnesses, Sausa and Joseph E. Caro, on the 2d of 
November, 1819: certified to a true copy by Joseph E. Caro, Keeper 
of the Public Archives, on the 15th October, 1823. 

Also, an extract from the protocols, certified to be a true one, by 
Joseph E. Caro, Keeper of the Public Archives, which states, that 
Brosnaham purchased at public sale, of the property of Augustine 
Lavack, on the I6th of September, 1819; that Lavack purchased of 
Mary Weaver, o» the 12th March, 1817; that Mary Weaver pur- 
chased of Manuel Gonzales, on the I9th of July, 1806; that Gonzales 
purchased of William Welber, on the 28th of August, 1802; that 
Welber purchased of Gerald Byrnes, by an act of sale, dated the 1st 
February, 1799, which recites, that the said lot was granted to the 
said Byrnes on the 22d August, 1796. 

In addition to the foregoing title papers, the said John H. Howard 
proved, by parole testimony, the signatures of the Spanish officers 
annexed to the title papers; and that there was a house and other im- 
Z 



110 [111 J 

provements on lot No. 198, thirty -two years ago, which were occu- 
pied by ail Englishman, who afterwards sold the same to Manuel 
Gonzales, who maintained possession of the said lot until he sold out 
to others. 

The claim of Pedro Yniestra to a part of lot No. 198, being 85 feet 
front on Palafox street, is founded on — 

A copy of a mesne conveyance from Manuel Gonzales to the claim- 
ant, passed before Richard I. Easter, acting Alcalde, countersigned 
by Joseph E. Caro, and dated 22d May, 1822: certified to be a true 
copy by the same persons on the same day; this deed recites, that 
Manuel Gonzales purchased of William Welber, on the 22d August, 
1802. 

NoTK — See parole testimony adduced in support of the claim of 
John II. Howard, which likewise applies to this claim. 

All which is respectfully submitted by the undersigned Commis- 
sioners. SAM'L R. OVERTON, 

JOSEPH M. WHITE, 

No. 16. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 89, and 
the corresponding garden lot, in the district of West Florida, hy titles 
emanating from the British and Spanish Governments, with an ab- 
stract of the evidence, reported in conformity to the provisions of the 
4th section of tlie act of Congress, approved May the 8th, 1822, en- 
titled " An act for ascertaining claims and titles to lands within the 
territories of Florida," by the undersigned Commissioners, to wit: 

The claim of Bernard Marigny, Curator of his minor sons, Gus- 
tave and Prospere Marigny, Henry M'Call, acting for and in behalf 
of his wifeLise M'Call, citizens of the United States, to lot No. 89, 
and the corresponding garden lot, in the city of Pensacola, is founded 
on — 

An original deed of lease and release, from Robert Collins to Da- 
vid Waugh for one half of the town lot. No. 89, and the half of the 
corresponding garden lot, signed, sealed, and delivered on the 18th 
day of December, 1766. 

Also, an original deed of lease and release, from David Waugh to 
William Morrison, for the same halves of the town and garden lots; 
signed, sealed, and delivered on the 18th of December, 1766. 

Also, an original deed of lease and release, from William Morrison 
to Evan and James Jones, for the abovementioned halves of the town 
and garden lots^ signed, sealed, and recorded on the 18th day of De- , 
cember, 1766. 

Also, an original deed of lease and release, from Peter Thompson 
to Robert Collins, for the halves of thetown and garden lots. No. 89; 
dated the 26th of November. 1766; signed, sealed, and delivered. 

Also, an original deed of lease and release, from Robert Collins to 
Evan and James Jones, and Joseph Black well for the other halves; 



[ 111 ] 111 

^ated 11th and 12th of July, 1768j signed, sealed, and recorded in 
due form. 

Note. See Thomas and David Urquhart's deposition, which like- 
wise applies to this claim, in report No. 12. 

The claim of Eugenio Antonio Sierra to the above mentioned lot 
No. 89, derived from Spanish title, is founded on — 

A copy of a bill of sale, executed by Governor Folch, and the as- 
sistant witnesses, Matias Cervera, and Francisco Xavier Naverro, 
dated 9th July, 1804; in which he states, that the above lot was sold 
on the 14th of June, same year, in obedience to a decree of the Royal 
Treasury, passed at New Orleans, 2d of May, 1804, and was bidden 
off to Don Sierra, for the sum of S 330; certified to be a true copy by 
Governor Folch. and the assistant witnesses, on the 9th of July, 1804. 

In addition to the foregoing title papers, the said Eugenio Antonio 
Sierra, proved, by parole testimony, the signatures of the trpanish offi- 
cers annexed to the grant. 

All which is respectfully submitted by the undersigned commis- 
sioners. 

SAMUEL R. OVERTON. 
JOSEPH M. WHITE. 



No. 17. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 22, and 
the corresponding garden lot, in the district of WestI* lorida, by titles 
emanating from the British and Spanish Governments, with an ab- 
stract of the evidence, reported in conformity to the provision of the 
4th section of the act of Congress, approved May the 8th, 1822, enti- 
tled '*An act for ascertaining claims and titles to lands within the 
territories of Florida," by the undersigned Commissioners, to wit: 

The claim of Bernard Marigny, curator of his minor soup, Gus- 
tave and Prospere Marigny, Henry M Call, acting for and in behalf 
of his wife, Lise MCall, citizens of the United States, to lot No. 22, 
and the corresponding garden lot, in the city of Pensacola, is founded 
on — 

An original deed of lease and release, from William Aird, to Evan 
and James Jones, and Joseph BlackwelK dated 12th and 13th Aug. 
1768: signed, sealed, delivered, and recorded, in due form. 

Note — See Thomas and David Urquhart's deposition, which 
likewise applies to this claim, in Report No. 12. 

The claim of Eugenio Antonio Sierra to part of the above men- 
tioned lot, No. 22. derived from Spanish title, is founded on — 

A copy of a mesne conveyance from Pedro Enrique to Eugenio 
Antonio Sierra, executed before Governor Folch, and the assistant 
witnesses, Matias Cervera and Francisco Xavier Navarro, dated 19th 



112 Cm] 

of July, 1804; certilipd to be a true copy by Carlos Hernandez, Se- 
cretary of War, and acting as Governor pro tern- on the 12th Febru- 
ary, 180f. This deed recites the orij5;;inaI grant, dated 14th July, 
1804, and that the grantor purcha ed the said lot at auction on the 
same day, ordered by a decree of the Royal Treasury, passed at New 
Orleans. 2d of May. 1804. 

In addition to the foregoing title papers the said Sierra proved, by 
parole testimony, the signatures of the Spanish officers annexed to the 
said grant. 

The claim of Turner Starke to a part of the abovementioned lot 
No 22, being 26 feet fronting on the Bay, derived from Spanish title, 
is founded on — 

A copy of a mesne conveyance from Charles Deville to the claim- 
ant, acknowledged before William King, Colonel of the 4th regiment 
of infantry, Civil and Military Go\ernor of West Florida, counter- 
sigfied by James Scallen, Secretary, on the 3d of July. 1818: ceitified 
to be a true copy by Joseph E. Caro, Keeper of the Public Archives, 
on the 30th of December, 1822. 

John de la Rua, being sworn, saith, that he has seen the papers re- 
lative to the title of said ]{iece of ground, amongst which was a grant 
to Charles Deviile, made to him by Governor Folch; that Deville im- 
proved the same, and occupied it in the year 1807, and from that time 
until 181 1; and further saith, that the grant included lot No. 21, and 
26 feet of lot No. 22; and further saith not. 

Eugenio Antonio Sierra, being sworn, saith, that the said part of 
the lot was granted to Charles Deville by Governor Folch, in the 
year 1805; and that the said Deville did not comply with the condi- 
tions of tlse grant- and further saith not. 

The claim of Joseph Gagnet to part of the abovementioned lot No. 
23, in the city of Fensacola fronting 54 feet on the Bay, by 63 feet 
in depth, derived from Spanish title, is founded on — 

An original mesne conveyance from Widow Gagnet to the claim- 
ant acknowledged before John Miller, Clerk of the County Court for 
the county of Escambia, dated 2d of August, 1824. 

Also, an extra(;t from the prot'>cols, certified to be a true one by 
Joseph E. Caro. Keeper of the Public Archives, shewing, that Widow 
Gagnet purchased fiom Eugenio Lavalle, on the 5th of July. 1821; 
that Lavalle inherited (he above lot from Pedro Bordenave, deceased, 
on the 23d of July, 1806: that Bordenave purchasec!^ from John Tour- 
son, by act of sale passed before Governor Folch, countersigned by 
Matias Cervera and Francisco Xavier Navarro, assistant witnesses, 
on the 13th of February, 1806; this deed recites, that the above lot 
was granted to Tourson, by Governor Folch, on the 18th July, 1804. 

Eugenio Lavalle, being duly sworn, saith, that lot No. 22, was 
granted to John Tourson, by Governor Folch, in the year 1804; and 
that the said Tourson enclosed the said lot, and built a frame house 
thereon, vvidiiu the year of the grant; and further saith not. 

Ail which is respectfully submitted by the undersigned commis- 
sioners. SAMUEL R. OVERTON, 

JOSEPH M. WHITE. 



[Ill] US 

No. 18. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola. No. 59, and 
the corresp(»ndin.e; garden lot, in the district of West Flotidii, hy titles 
emanating from the British and Spanish Governments with an abstract 
of the evidence, reported in conformity to tlie provision of the 4th 
section of the act of Congress, approved May the 8th, 1822 entitled 
**An act for ascertaining claims and titles to lands svithin the terri- 
tories of Florida." by the undersigned Commissioners, to wit" 

The claim of Bernard Marigny, Curator of his minor sons. Gus- 
tave and Prospere Marigny, Menry M'Call, acting for in behalf of 
his wife Lise M'Call, citizens of the United States, to lot No. 39, in 
the city of Fensacola, and the corresponding garden lot, is founded 
on — 

An original deed of release from the Hon. Jame!? Jones, Esq. sur- 
viving executor of Anthony Forehand, deceased, Abraham Bates and 
Anne his wife, late Anne Griffiths, executrix of the said Anthony 
Forehand, to the Honorable James Bruce, for the town and garden 
lots No. 39, dated 9th of November, 1773: signed, sealed, and ac- 
knowledged, in due form, before Alexander Macullagh, Deputy Se- 
cretary, on the 20th of November, 1773. 

Also, an original reconveyance from James Bruce, and Isabella 
his wife, to James Jones. Abraham Bates, and Anne his wife, for the 

same town and garden lots, dated day of , 1775^ signed, 

sealedo and deliveredo 

Note. — See Thomas and David Uiquhart's deposition, which like, 
wise tp;i!ie3 to thh clxnn, in Report No. 12. 

The claim of Solomon Siler to the abovementioned lot No. 39, in 
the city of Pensacola, derived fr»m Spanish titles, is founded on — 

A copy of a mesne conveyance from Cirilo Lessassier, to the claim- 
ant passed before William King, Colonel 4th regiment United States' 
infantry. Civil and Military Governor of West Florida, and James 
Scallen. Secretary, on the 22d June, 1818^ certified to be a true copy 
by the same persons, on the 23d June, 1818. 

Also, was produced by Joseph E. Caro, Keeper of the Public Ar- 
chives, an original grant, or title in form, made to Cirilio Lessassier, 
by the Intendant Morales, countersigned by Arroyo, Secretary, and 
dated the 20th March. 1811. 

In addition to the foregoing title papers, the said Solomon Siler 
proved, by parole testimony, the signatures of the Spanish officers an- 
nexed to the title papers, and that lot No. 39 was enclosed, and had a 
framed house on it in the year 1812, which improvements were made 
by Cirilo Lessassier; and further saith not. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



114 [1^1 3 

No. 19. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 69, and 
the corresponding garden iot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments, with an ab- 
stract of the evidence, reported in conformity to the provisions of the 
4th section of the act of Congress, approved May the 8th, 1822, en- 
titled ''An act for ascertaining claims and titles to land within the 
territories of Florida," by the undersigned Commissioners, to wit: 

The claim of Bernard Marigny, Curator of his sons Gustave and 
Prospeve Marigny, Henry McCall, acting for and in behalf of his 
Avife, Lise McCall, citizens of the United States, to lot No. 69, in the 
city of Pensacola, and the corresponding garden lot. is founded on — 

An original deed of lease and release, from James Jones, Abraham 
Bates, Arme his wife, late Anne Griffiths, executrix of Anthony Fore- 
hand, deceased, to James Bruce, Esq. for the town and garden lots. 
No. 69, with all the buildings thereon, dated 23d and 24th day of 
June, 1775; signed, sealed, and delivered; reciting that lot. No. 69, 
and the corresponding garden lot, were granted to Timothy Tryon, 
by letters patent »jnder the great seal of the province of West Flori- 
da, on the 18th of February 1766. 

Note. See Thomas and David Urquhart's deposition, which like- 
wise applies to this claim, in report No. 12. 

The claim of Francisco Snares to the abovementioned lot No 69, 
in the city of Pensacola, derived from Spanish title, is founded on — 

A copy of a mesne conveyance, from Julian Caravallo, to the 
claimant, passed before Governor Folch, and the assistant witnesses 
Sausa and Monies de Oca, on the 23d May, 1818, including the im- 
provements thereon; certified to be a true copy, by Joseph E. Caro, 
on the 31st May, 1824. This deed recites, that the said lot was 
granted to Caraballo, by Governor Folch, and the improvements 
made at his own expense. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAML. R. OVERTON. 
JOSEPH M. WHITE. 



No. 20. 
A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 86, and 
tlie corresponding garden lot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments, with an ab- 
stract of the evidence, reported in conformity to the provision of the 



[Ill] 115 

4th section of the act of Congress, approved May the 8th, 1822, enti- 
tled 'An act for ascertaining claims and titles to lands within the 
territories of Florida," hy the nndersigned Commissioners, to wit: 

The claim of Bernard Marigny, Curator of his minor sons, Gus- 
tave and Prospere Marigny, Henry M'Call, acting for, and in be- 
half of, his wife Lise M'Call, citizens of the United States, to lot 
No. 86. in the city of Pensacola, and the corresponding garden lot, 
is founded on — 

An original deed of lease and release from Richard Payne to Wil- 
liam Litch, for the above lots, and all the buildings tiiereon, dated 
the 8th day of September, 1766^ signed, sealed, and recorded in due 
form. 

Note. See Thomas and David TJrquhart's deposition, which like- 
wise applies to this claim, in report No. 12. 

The claim of Samuel M. Smith and Thomas B. Robinson to the 
abovementioned lot No. 86, in the city of Pensacola, derived from 
Spanish titles, is founded on — 

An original certificate of sale, made by Governor Masot, dated the 
10th of December, 1817, which recites, that the said lot was exposed 
to sale at public auction, in obedience to a decree of the tribunal of 
Royal Hacienda, and that John de la Rua became the purchaser. 

Also, a copy of an act of sale from said la Rua to the claimant, ex- 
ecuted before Colonel William King, temporary Governor, &c. on 
the 7th July, 1818, certified under the seal of oflice, to be a true copy, 
by Jo.seph E. Caro, keeper of the public archives. 

The original proceedings, showing the sale of a number of lots at 
auction, by order of Governor Masot, including the above lot No. 86. 
was exhibited by Joseph E. Caro, keeper of the public archives, em- 
bracing the decree appointing the appraisers, dated 2d December, 
1817; decree ratifying the act of sale, dated the 12th December, 1817; 
certificate of the payment of the purchase money of the said lot into 
the office of Government, dated the lath December, 1817- certificate 
of survey and of possession given, executed by Pedro Reggio; dated 
19th December, 1817. 

In addition to the foregoing title papers, the said Smith and Robin- 
son proved, by parole testimony, the signatures of the Spanish offi- 
cers annexed to the said title papers. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAML. R. OVERTON. 
JOSEPH M. WHITE. 



No. 21. , 

A REPORT 

Of claims to a lot of ground in the city of Pensacola, No. 53, in 
the district of West Florida, by titles emanating from tlie British and 



116 [m] 

Spanish GoTernments, with an ahstract of the evidence, reported in 
conformity to the provision of the 4th section of the act of Congress, 
approved May the 8th, 1822, entitled '* An act for ascertaining claims 
and titles to lands within the territories of Florida," by the under- 
signed Commissioners to wit: 

The claim of Bernard Marigny, curator of his minor sons, Gus- 
tave and Prospere Marigny, Henry M*Call. acting for and in behalf 
of his wife, Lise M'Cail. citizens of thj United States to quarter of 
lot No. 33, in the city of Fensacola, is founded on — 

An original deed of lease and release, from Bryce M'Cumming to 
James Stewart, for the same quarter of lot, dated 8th and 9th of Oc- 
tober, 1768; signed, sealed and delivered. 

Note. — See Thomas and David tJrquhart's deposition, which like- 
wise applies to this claim, in Report No. 12. 

The claim of William Pinchbeck to the whole of the abovemen- 
tioned lot No. 33, in the city of Pensacola, derived from Spanish ti- 
tles, is founded on — 

An original grant made to Orsino Bouligny, by the Intendant Mo- 
rales, countersigned by Francisco G. Arroyo, and dated the 2d of 
May, 1811. 

Also, an original private mesne conveyance from Enrique de Grand 
Pre, attorney in fact of Carlos de Grand Pre, to the claimant, dated 
the 17th July, 1819, attested by Francisco Moreno, Daniel Long, 
and Pedro de Alba. 

Also, an extiact from the protocols, certified to be a true one by 
Joseph E. Caro, Keeper of the Public Archives, which states that 
Carlos do Grand Pre purchased of Vicente S. Pintado on the 23d of 
March, 181?; that Pintado purchased of Orsino Bouligny, on the 4th 
of May, 1811. 

In addition to the foregoing title papers, the said William Pinch- 
beck proved, by parole testimony, the signatures of the Spanish ofB- 
cers annexed to the said title papers; and that thirteen or fourteen 
years ago, the said lot was enclosed, and a framed house built there- 
on by order of Orsino Bouligny; and further saith not. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. 22. 

A REPORT 

Of a claim to a lot of ground in the city of Pensacola, No. 199, 
and the corresponding garden lot, in the district of West Florida, by 
titles emanating from the British and Spanish Governments, with an 
abstract of tbe evidence, reported in conformity to the provisions of 



IEIgI?®IB^ 



FLORIDA LAND COMMISSIONERS. 



PART II. 



rill] 117 

the 4th section of the act of Congress, approved May the 8th, 1822, 
entitled "An act for ascertaining claims and titles to. lauds within 
the territories of Florida," by tlie undersigned Commissioners, to wit: 

The claim of James Scallen, a citizen of the United States, to lot 
No. 199, in the city of Pensacola, and the corresponding garden lot, 
is founded on — 

An original deed of release from Charles Stuart, Esq. to Williara 
Ogilvy and John Falconer, for said town atid garden lots, dated 11th 
August, 1778; signed, acknowledged^ and recorded, in due form; re- 
citing that the same was granted to William Nackasson, by his ma- 
je-ty King George the Third, by letters patent, under the great seal 
of the province of West Florida, hearing date the 5th day of Novem- 
ber, 1765; and further, that Wiliiam Mathias, attorney in fact of the 
said William Nackasson, conveyed the said town and garden lots to 
Charles Stuart, by certain indentures of lease and release, bearing 
date the 22d and 23d of March, 1768. 

Also, an original private conveyance from Charles Roberts, attor- 
ney in fact of Alexander Livingston, heir and devise of Wm. Ogilvy, 
late of Pensacola, deceased, and surviving p,artner of the firm of 
Ogilvy and Falconer, to Abner L. Duncan, Esq. of the city of New 
Orleans, attested by David B. Morgan and John Beaty, dated 12th 
of July, 1821. 

Also, an original private conveyance from iibner L. Duncan to 
James Scallen, attested by David 13. Morgan and John Beaty, dated 
13th of July, 1821. 

The claim of Daniel Duvol to one half of the town lot, No. 199, 
in the city of Pensacola, derived from Spanish titles, is founded on — 

An original decree of concession, made to Martin de Madrid by 
Governor Folch, for the whole lot, on the l6th of April, 1804. 

Also, an extract from the protocols, certified to be a true one by 
Joseph E. Caro. Keeper of the Public Archives, shewing, that Eu- 
genio Antonio Sierra became the purchaser of one half of the above 
lot, at the sale of the estate of Martin de Madrid, on the 1st of Sep- 
tember, 1815; that Sierra conveyed the same to William M'Voy, on 
the 4th of March, 1816; that M'Voy conveyed to Carlton Cooper, on 
the 22d of November, 1816. 

Also, a copy of a mesne conveyance from the said Cooper to Daniel 
Duvol, of said half lot, passed before Governor Masot, and the assist- 
ant viitnesses, Sausa and Cevallos, on the 26th June, 1817: certified 
to be a true copy, by Joseph E. Caro, Keeper of the Public Archives, 
on the 14th September, 1823. 

In addition to the foregoing title papers, the said Daniel Duvol 
proved, by parole testimony, the signatures of the Spanish officers an- 
nexed to the grant, and that the said lot was enclosed, and a frame 
house built thereon, within a year of the grant, by the original 
grantee. 

The claim of William M'Yoy to the other half of the lot No. 199, 
in the city of Pensacola, derived from Spanish titles, is founded on— 
Aa 




lis [HI] 

An original decree of concession, made to Martin de Madrid by 
Governor Folch, on the 16tli of April, 1804. 

Also, the original testamentary proceedings of the estate of Martin 
de Madrid, were produced, from the public archives by Joseph E. 
Caro. keeper thereof, shewing that the said half lot was sold as the 
property of the said Madrid, and purchased by William M'Voy, on 
the 3d of July, 1817. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON. 
JOSEPH M. WHITE. 



. No. 23. 
A REPORT 

Of a claim to a lot of ground in the city of Pensacola, No. 134, and 
the corresponding garden lot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments, with an ab- 
stract of the evidence, reported in conformity to the provisions of the 
4th section of the act of Congress, approved May the 8th, 1822, en- 
titled " An act for ascertaining claims and titles to lands within the 
territories of Florida, by the undersigned Commissioners, to wit: 

The claim of the heirs of James Thompson, citizens of the United 
States, to the above town and garden lots, No. 134, in the city of 
Pensacola, is founded on — 

An original certificate of survey, executed by Elias Durnford, Sur- 
veyor General of the Province of West Florida, pursuant to a war- 
rant from his Excellency George Johnstone. Esq. Captain General 
and Commander in Chief in and over his Britannic Majesty's pro- 
vince aforesaid; certified on the 23d of June, 1766. 

Also, an original grant made to David Johnstone by George John- 
ston, Esq. Captain General and Commander in Chief, in and over 
his Britannic Majesty's Province of West Florida, upon the usual 
conditions, dated 8th of December, 1766; signed and countersigned 
under the great seal. 

Also, an original deed of lease and release from David Johnstone 
to James Thompson, dated 28th and 29th August, 1769, signed and 
delivered. 

Also, an original deposition of Thomas Barclay, late his Britannic 
Majesty's Consul General for the Eastern states of America, and at 
present his said Majesty's Commissioner under the 5th article of the 
treaty of Ghent, stating that he was born in the city of New York, 
now a part of the United States of America, in the year 1753; that he 
was well acquainted vvitl!| James Thompson, of the said city, merchant, 
and Catharine his wife, iVom the year 1764 to the year 1775, and with 
the son and daughters of the said James Thompson? and Catharine 



[Ill] 119 

Ills wife, to wit: with Jacob Thompson the son, Mary Thompson, 
deceased, late the wife of Jacob Ricketts, Ann Thompson, who mar- 
ried Elbridge Gerry, late Vice President of the United States, de- 
ceased, and Catharine Thompson, who married Isaac Coles, all and 
each of whom were born in the said city of New York, and are 
native citizens of the United States. Sworn and subscribed to before 
John I. Irving first Judge of the Court of Common Pleas, for the city 
and county of New York, datedilie 3d day of December, 1824. 

Also, an original depo^itioif of James Morris, stating that James 
Thompson, formerly a merchant of the city of New York, married a 
daughter of Jacob Walton, also merchant of the said city, and grand- 
father to this deponent, and that the said James Thompson, at the 
time of his decease, left several children, to wit: Ann> widow of the 
late Elbridge Gerry, who, at the timeof his decease, was Vice Presi- 
dent of the United States, and that the said Ann Gerry, formerly Ann 
Thompson, as this deponent is informed and believes, was born in the 
city of New York, and resides in Boston, in the state of Massachu- 
setts; and this deponent further saith, that the said James Thompson 
left another daughter, to wit: Catharine Coles, formerly Catharine 
Thompson, who. as this deponent is informed and believes, was born 
in the said city of New York, and who resides, as this deponent is 
informed, in the state of Virginia; and this deponent further saith, 
that the said James Thompson left another daughter, to wit: Mary, 
who married Jacob Ricketts, and that the said Mary Ricketts, for- 
merly Mary Thompson, is since dead; and this deponent further 
saith. that he is informed and believes, that the said Mary Ricketts, 
formerly Mary Thompson, at the time of her decease, left several 
children, to wit: William, George, Jacob Elizabeth, Anna Maria, 
and Henrietta, and that they are, as this deponent is informed and 
believes, citizens of the United States; and this deponent further saith, 
that Jacob Thompson is the only surviving son of said James Thomp- 
son, and that the said JacobThompson, as this deponent is informed, re- 
sides at Bath, in the Kingdom of Great Britain; and further this de- 
ponent saith not. Sworn to and subscribed before Smith Thompson, 
one of the Judges of the Supreme Court of the United States, of the 
state of New York, dated 29th November, 1824. 

Also, an original deposition ot John Pintard, of the city of New 
York, stating, that he is a resident of the said city, and has been such 
the greater part of his life; that he is aged sixty years and upwards; 
that he knew James Thompson, of the said city, merchant; that Mary 
Thompson, one of his daughters, was the wife of Jacob Ricketts, also 
of the said city of New York; that Jacob Ricketts. the husband of 
said Mary, had six children to wit: William, George, Jacob, Jr. 
Anna Maria, Elizabeth, and Henrietta; that the said Jacob Ricketts 
resided with his family a great part of his life in the said city, and 
that all of the said children, above named, are citizens of the United 
States, to the best of the knowledge, recollection, and belief of this 
deponent. Sworn to and subscribed before Samuel D. Craig, of the 
state of New York, a Commissioner to take affidavits, and dated 8th 
December, 1824. 



120 [llO 

The claim of Severino Palao to the above lot, No. 1S4, in the city 
of Pensacola, dcvivcd from Spanish title, is founded on — 

A copy of a mesne cojiveyance from Eloisa Marcos, executrix of 
Adelaida Chapron, deceased, passed before Governor Zunigo, coun- 
tersigned by Domingo Sausa and Joseph Cevallos, assisant u itnesscs, 
dated 23d of July. 1816; certified to be a true copy by Henrique de 
Grand Pre, constitutional Alcalde, countersigned by Luis Daunoy 
and Sebastian Caro, assistant witnesses, on the 14lh July. 1821. 

Also an extract from the protocols, certified to be a true one, by 
Joseph E. Caro, Keeper of the Public Archives, stating, that Ade- 
laida Chapron purchased the said lot and buildings thereon, from John 
Forbes, on the 23d of September, 1 809. 

In addition to the foregoing title papers, the said Severino Palao 
proved, by parole testimony, the signatures of the Spanish officers an- 
nexed to the said title papers. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WmiE. 



No. 24. 
A REPORT 

Of a claim to a lot of ground in the city of PensacoJa, No. £05, and 
the corresponding garden lot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments* with an ab- 
stract of the evidence, reported in conformity to the provisions of the 
4th section of the act of Congress, approved May the 8th, 1822, en- 
titled '' An act for ascertaining claims and titles to lands within the 
territories of Florida," by the undersigned Commissioners, to wit: 

The claim of the heirs of James Thompson, citizens of the United 
States, to the above town and garden lots. So. 205, in the city of Pen- 
sacola, is founded on — 

An originalcertificateof survey, executed by Ellas Durnford, Sur- 
veyor General of the province of West Florida, pursuant to a warrant 
from his Excellency George Johnstone, Esq. Captain General, &c. 
certified on the 23d day of June, 1766. 

Also, an oiiginal patent made to James Thompson, by George 
Johnstone, Esq. Captain General and Governor in Chief, in and over 
fcis Britannic Majesty's Province of West Florida, under the great 
seal, countersigned by Alexander Maclellan, Deputy Provost Secre- 
tary, dated the 10th of November, 1766, upon the usual conditions. 

Note. — Vide depositions of Thomas Barclay, James Morris, and 
John Pintard, copied in Report No. 23. 

The claim of Joseph Bonifay to the above lot. No. 205, in the city 
of Pensacolaf derived from Spanish titles, is founded on — ■ 



[Ill] 121 

A copy of a mesne conveyance from Louis Gayarre to the claimant, 
passed before H. M. Brackenridge, Alcalde and Notary Public, coun- 
tersigned by Joseph E. Caro, dated 1st of October, 1821; certified to 
be a true copy by Joseph E. Caro, Notary Public, and charged with 
the archives, dated £2dof August, 1822. 

Also, an extract from the protocols, certified to be a true copy, by 
Joseph E. Caro, Keeper of the Public Archives, stating that Joseph 
Bonifay, purchased from Louis Gayarre, on the 15th January, J 819; 
this deed recites, that Gayarre purchased from Franrisca Albert, 
widow Rafael Ramos, by private act of sale, on the 1st of April lol8. 

In addition to the foregoing title papers, the said Joseph Bonifay, 
proved, by parole testimony, that lot No. 205 was granted to Rafael 
Hamos, by Governor Folch, in the year 18u4 or 1805 and that the 
said lot was enclosed, and a framed house built thereon by the said 
Kamos. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. 25. 
A REPORT 

Of a claim to a lot of ground in the city of Pensacola, No. 56, and 
the corresponding garden lot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments; with an ab- 
stract of the evideuce, reported in conformity to the provisions of the 
4th sei^tion of the act of Congress, approved May the 8th, 18v,2, en- 
titled "An act for ascertaining claims and titles to lands within the 
territories of Florida," by the undersigned Commissioners, to wit: 

The claim of Jacob Thompson, citizen of the United States, to the 
above town and garden lots, No. 56, in the city of Peusacola, is found- 
ed on — 

An original certificate of survey, executed by Elias Durnford, 
Surveyor General of tlie province of West Florida, pursuant to a 
warrant from his Excellency George Johnstone, Esq. Captain Ge- 
neral and Governor in Chief in and over his Britannic Majesty's 
province aforesaid, certified on the 23d day of June, 1766, 

Also, an original patent granted by George Johnstone, Esq. Cap- 
tain General and Governor in Chief in and over his Britannic Ma- 
jesty's province of West Florida, to Jacob Thompson, dated the Sth 
of December, 1766, signed and countersigned, under the great seal. 

Note. Vide depositions of Thomas Barclay, James Morris, and 
John Pintard, copied in report No. 23. 

The claim of Santiago Colman to the northern half of the above 
lot,No. 56, in the city of Pensacola^ derived from Spanish titles, is 
founded on — 



122 [lill 

A copy of a mesne conveyance from Jiiaquin Barela, to claimant, 
jiassed before Governor Folch, and the assistant witnesses, Mathias 
Cervera and Franciscio Xavier Naverro, on the 29th August, 18 1 5; 
certified to be a true copy by the same persons, on the same day. 
This deed recites that a house on the said lot is likewise conveyed. 

Also, an extract from the protocols, certified to be a true one, by 
Joseph E. Caro. keeper of the public archives, which shows, that Ba- 
rela purchased of William M'Voy, on the 21st of August, 1805, that 
M*Voy purchased of Johrk Innerarity on the 16th January, 1804; that 
Innerarity purchased of Francisco Duverges, by an act of sale passed 
before Governor Howard and the assistant witnesses, Cervera and 
Navarro, on the 16th January, 1804; this deed recites, that the whole 
of the said lot was granted to the said Duverges by Baron de Caron- 
delet. Governor Geneial of Louisiana, on the 24th of February, 1796. 

In addition to the foregoing title papers, the said Santiago Colman, 
proved, by parole testimony, the signatures of the Spanish officers at- 
tached to the said title papers; and, that the said lot No. 56, was en- 
closed anterior to the grant of the same to Francisco Duverges, by 
AVilliam Panton. 

The claim of Joseph Roche, to the southern half of the above lot 
No. 56, in the city of Pensacola, derived from Spanish titles, is found- 
ed on — 

A copy of a mesne conveyance from William McVoy to the claim- 
ant, passed before Governor Howard and the assistant witnesses, 
Mathias Cervera and Francisco Xavier Navarra, on the 17th Janu- 
ary, 1804, certified to be a true copy by the same persons on the same 
day. 

Also, an extract from th6 protocols, certified to be a true one, by 
Joseph E. Caro, keeper of the public archives, which states, that 
W^iiliam McVoy purchased of John Innerarity. on the 16th of Janu- 
ary, 1804; that Innerarity purchased of Francisco Duverges, on the 
16th of January, 1804. 

Note — Vide the above testimony adduced in support of the claim 
of Santiago Colman, which likewise applies to this claim. 

All which is respectfully submitted by the undersigned commis- 
sioners. 

SAM'L R. OVERTON, 
JOS. M. WHITE. 



No. 26. 

A REPORT 

Of claim to a lot of ground in the city of Pensacola, No. 80, and 
the corresponing garden lot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments; with an ab- 
of the evidence; reported in conformity to the provisions of the 4th 



[ill] 123 

section of the act of Congress, approved May the 8th, 1822, entitled 
" An act for ascertaining claims and titles to lands within the ter- 
ritories of Florida," by the undersigned commissioners, to wit: 

The claim of the heirs of James Thompson, citizens of the United 
States, to the above town and garden lots, No. 80, in the city of Pen- 
sacola, is founded on — 

An original certificate of survey, executed by Elias Durnford, Sur- 
veyor General of the province of West Florida, pursuant to a war^ 
rant from his Excellency George Johnstone, Esq. Captain General 
and Governor in Chief in and over his Britannic Majesty's said pro- 
vince, certified on the 2Sd of June, 1766. 

Also, an original grant, made to Hamilton Young by George John- 
stone, Esq. Captain General and Governor in Chief in and over his 
Britannic Majesty's province of West Florida, dated 8th of December, 
1766, signed and countersigned under the great seal. 

Also, an original deed of lease and release from Hamilton Young 
to James Thompson, dated the 29th and 30th August, 1769, acknow- 
ledged and recorded in due form. 

Note — Vide depositions of Thomas Barclay, James Morris, and 
John Pintard, copied in report No. 23. 

The claim of Josephina Graupera to the above lot No. 80, in the 
city of Pensacola, derived from Spanish titles, is founded on — 

A copy of a mesne conveyance from Charles Lavalle to Josephina 
Graupera, executed before H. M. Brackenridge, Alcalde, and Jo- 
sesph E. Caro. on the l6th July, 1822^ certified to be a true copy by 
the said Brackenridge. 

Also, an extract from the public archives, certified to be a true one 
by Joseph E. Caro, keeper thereof, which states that the said Lavalle 
purchased of Joseph Verignon, on the 29th November, 1821,' that 
the said Verignon purchased at public auction, as the property of 
John McGonnegal, on the 2d Nov. 1821; that McGonnegal purchased 
of Jerievieve Duboison Baldivas, attorney in fact of Vicente Sebastian 
Pintado, the 14th August, 1819, that said Pintado purchased of James 
Wilson, on the 19th August, 1816; that said Wilson purchased of 
Charles Lavalle, on the 24th April, 1815; that said Lavalle purchas- 
ed of Panton, Leslie & Co. by act of sale, duly authenticated, dated the 
1st April, 1803, in which it is recited, that said lot was granted to 
said Panton, Leslie & Co. on the l6th of April, 1796, by the Baron 
de Carondelet, Governor of Louisiana and West Florida. 

In addition to the foregoing title papers, the said Josephina Grau- 
pera proved, by parole testimony, the signatures of the Spanish offi- 
cers annexed to the title papers; and that the said lot was enclosed, 
and two small framed houses built thereon by William Panton, in the 
year 1797 or 1798. 

All which is respectfully submitted by the undersigned commis" 
sioners. 

SAM'L R. OVERTON, 
JOS. M. WHITE. 



124 L 1^1 3 

No. 27. 
A REPORT 

Of a claim to a lot of ground in the city of Pensacola, Mo> 79, and 
the corresponding garden lot, in the district of West Florida, by 
titles emanating from the British and Spanish Governments, with an 
abstract of the evidence, reported in conformity with the ])rovisions 
of the 4th section of the act of Congress, approved May the 8th 1822, 
entitled "An act for ascertaining claims and titles to lands within 
the territories of Florida," by the undersigned commissioners, to wit: 

The claim of the heirs of James Thompson, citizens of the United 
States, to the above town and garden lots, No. 79, in the city of 
Pensacola, is founded on — 

An original ( ertificate of survey, made by Elias Durnford, Sur- 
veyor General of the province of West Florida, pursuant to a war- 
rant from his Excellency George Johnstone, Esq, Captain General 
and Governor in Chief in and over his Majesty's province, certified 
on the 23d day of June, 1766. 

Also, an oi-iginal grant made to Robert Ross Waddle, by George 
Johnstone, Esq. Captain General and Commander in Chief in and 
over his Britannic Majesty's province of West Florida, upon the usual 
conditions, dated 8th December, 1766; signed and countersigned un- 
dei' the great seal. 

Also, an original deed of lease and release from Robert Ross Wad- 
dle to James Thompson, dated 14th and 15th September, 1767, ac- 
knowledged and recorded in due form. 

Note — Vide depositions of Thomas Barclay, James Morris and 
John Pintard, copied in report No. 23. 

The claim of John Brosnaham to the above lot No. 79, in the city 
of Pensacola, derived from Spanish titles, is founded on — 

A copy of a mesne conveyance from Ana O'Conner, widow Gray, 
to the claimant, passed before William King Colonel of the 4th re- 
giment of United States' Infantry, and temporary Governor, and 
Michael McKinzie, Secretary, on the 14th January, 1819, certified 
to be a true copy on the 25th of the same month; this deed recites, 
that the widow Gray purchased of John Innerarity, attorney in fact 
of John Forbes & Co. on the 18th October, 1811. 

Also, a copy of a mesne conveyance from John Innerarity, execut- 
or of the widow Trouillet, to John Forbes & Co. passed before Go- 
vernor Folch and the assistant witnesses, Domingo Sausa, and An- 
tonio Montes de Oca, on the 18th July, 1809, certified to be a true 
copy by t!ie same person, on the 4th August, 1809, conveying like- 
wise a frame house, 34 feet square on the said lot, said lot having 
been sold by the said executor at public auction. 

In addition to the foregoing title papers, the said John Brosnaham, 
proved by parole testimony the signatures of the Spanish officers an- 
nexed to the said title papers. 



[Ill J 125 



All which is respectfully submitted by the undersigned commis- 
sioners. 

SAM'L R. OVERTON, 
JOS. M. WHITE. 



No. 28. 
A REPORT 

Of a claim to a lot of ground in the city of Pensacola, No. 135, and 
the corresponding garden lot, in the district of West Florida, by titles 
emanating from the British and Spanish Governments, with an ab- 
stract of the evidence, reported in conformity to the provisions of the 
4th section of tlie act of Congress, approved May the 8th, 1822, en- 
titled " An act for ascertaining claims and titles to lands within the 
territories of Florida, by the undersigned Commissioners, to wit: 

The claim of the heirs of James Thompson, citizens of tlie United 
States, to the above town and garden lot, No. 135, in the city of Pen-' 
sacola, is founded on — 

An original certificate of survey, executed by Elias Durnford, Sur- 
veyor General of the province of West Florida, pursuant to a war- 
rant from his excellency George Johnstone, Esq. Governor and Com- 
mander in Chief, in and over his Majesty's province aforesaid; certi- 
fied on the 23d day of June. 1766. 

Also, an original patent made to Abraham Walton by George 
Johnstone, Esq. Captain General and Goyernor in Chief, in and over 
his Britannic Majesty's province of West Florida, upon the usual 
conditions, dated 8th of December, 1766; signed and countersigned 
by xilexander Maclellan, Deputy Provost Secretary, under the great 
seal. 

Also, an original deed of lease and release from Abraham Walton 
to James Thompson, dated 1st day of June, 1769| signed and ac- 
knowledged, and recorded, in due form. 

Note. — Vide depositions of Thomas Barclay, James Morris, and 
John Pintard, copied in Report No. 23. 

The claim of Pedro Senac to one half of the above lot No. 135, in 
the city of Pensacola, derived from Spanish titles, is founded on — 

A copy of a mesne conveyance from Vicente Crespo, attorney in 
fact of John Domingues to the claimant, passed before Governor 
Howard, and the assistant witnesses. Barrios and Navarro, on the 
27tb A.ngust, 1806; certified to be a true copy by Governor Maxent, 
Sausa and Monies deOca, assistant witnesses, on the 8th May. 1809. 

In addition to the foregoing title paper, the said Pedro Senac 
proved, by parole testimony, the signatures of the Spanish officers an- 
nexed to the said title paper; and that, about the year 1789, there 
was a building on the said lot, which was built by John Domingues, 
and that it has been occupied as private property ever since. 



126 [ill] 

The claim of Maria Vellon to the other half of lot No. 135, in the 
city of Pensacola, derived from Spanish titles, is founded on — 

A copy of a mesne conveyance from Estevan Adam to the claim- 
ant, for the above half lot and buildinjEfs thereon, passed before Go- 
vernor Collell, countersigned by Domingo Sausa and Juan Villaverde, 
dated 5th day of January, 1811; certified to be a true copy by the 
same persons on the same day. This deed recides that »' stevan Adam 
purchased the same from Maria Lafrang, on the 7th December, 1809. 

In addition to she foregoing title papers, the said Maria Vellon, 
proved, by parole testimony, the signatures of the Spanish officers an- 
nexed to the said title paper. 

Note.— Vide documentary and parole proof adduced in support of 
the claim olf Fedro Senac, which likewise applies to this claim. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. £9. 
A REPORT 

Of a claim to a lot of ground in the city of Pensacola, No. 254, 
and the corresponding garden lot, in the district of West Florida, by 
titles emanating from the British and Spanish Governments, with an 
abstract of the evidence, reported in conformity to the provisions of 
the 4th section of the act of Congress, approved May the 8th, 1822, 
entitled '*An act for ascertaining claims and titles to lands within 
the territories ef Florida," by the undersigned Commissioners, to 
wit: 

The claim of the heirs of James Thompson, citizens of the United 
States, to the above town and garden lots No. 254, in the city of Pen- 
sacola, is founded on — 

An original certificate of survey, executed by Elias Dnrnford, Sur- 
veyor General of the province of West Florida, pursuant to a war- 
rant from his Excellency George Johnstone, Esq. Captain General 
and Commander in Chief, in and over his Majesty's province afore- 
said; certified on the 23d of June, 1766. 

Also, an original grant, made to James Thompson by George John- 
stone, Esq. Captain General, and Commander in Chief in and over 
his Britannic Majesty's province of West Florida, under the usual 
conditions; signed and countersigned under the great seal, and dated 
iOth day of November, 1766. 

Also, an original deed of lease and release from James Thompson 
to David Johnstone, dated 13th and 14th November, 1767; signed, 
acknowledged, and recorded in due form. 

Also, an original deed of lease and release from David Johnstone 
to James Thompson, for the said town and garden lots, No. 254, 



C 111 ] 127 

dated 28th and 29tli day of August, 1769? signed, acknowledged, and 
recorded in due form. 

Note — Vide depositioiis of Thomas Barclay, James Morris, and 
John Pintard, copied in Report No. 23. 

The claim of John de la Rua, to the above lot No. 254, in the city 
of Pensacola, derived from Spanish titles, is founded on — 

An original grant from the Intendant Morales made to Joseph de 
la Pena, countersigned by Francisco G. Arroyo, Secretary, dated the 
24th of March, 1812. 

Also, a copy of a mesne conveyance from said Pena to John de la 
Rua, executed before Governor Masot, and the assistant witnesses, 
Domingo Sausa and Jose Cevallos, on the 2d December, 1817; certi- 
fied to be a true copy by Masot and the same assistants, on the day 
of the execution thereof. 

In addition to the foregoing title papers, the said John de la Rua 
proved, by parole testimony, the signatures of the Spanish officers an- 
nexed to the said title papers, and that between the years 1812 and 
1814, the said lot was enclosed^ and a small framed house built upon 
it, ever since which period the said lot has been considered private 
property. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



No. 30. 
A REPORT 

Of a claim to a lot of ground in the city of Pensacola, No. 81, and 
the corresponding garden lo^, in the district of West Florida, by titles 
emanating from the British and Spanish governments, with an ab- 
stract of the evidence reported, in conformity to the provisions of the 
4th section of the act of Congress, approved May the 8th, 1822, en- 
titled "An act for ascertaining the claims and titles to lands within 
the territories of Florida," by the undersigned Commissioners, to wit: 

The claim of the heirs of James Thompson, citizens of the United 
States, to the above town and garden lots. No. 81, in the city of 
Pensacola, is founded on — 

An original certificate of survey, made by Elias Durnford, Sur- 
veyor General of the province of West Florida, pursuant to a warrant 
from his Excellency George Johnstone, Esq. Captain General and 
Governor in Chief in and over his majesty's province of West Flo- 
rida, certified on the 23d of June, 1766. 

Also, an original grant, made to Robert Thompson, by George 
Johnstone, Esq. Captain General and Governor in Chief in and 
over his Britannic majesty's province of West Florida, upon the usuaS 



128 [ill] 

conditions; dated 8th December, 1766; signed and countersigned under 
the great seal. 

Note. Vide depositions of Tljomas Barclay, James Morris, and 
John Pintard, copied in report No. 23. 

The claim of Domingo Torri, to one fourth of the above lot, No. 
81, in the city of Pensacola, derived from Spanish titles, is founded 
on — 

A copy of a mesne conveyance from Joseph Tello to the claimant, 
passed before Governor Collell, and the assistant witnesses, Do- 
mingo Sausa and Juan Villaverde. on the I6th of October, 1810; cer- 
tified to be a true copy by Joseph E. Caro, Notary Public, and 
charged with the public archives, on the 23d of August. 1822. This 
deed recites, that the said Tello purchased of John Domingues on the 
22d day of March, 1810. 

In addition to the foregoing title paper, the said Domingo Torri 
proved, by parole testimony, that John Domingues built a house on 
lot No. 81, and enclosed it more than twenty years ago; which house 
Was afterwards consumed by fire; that the said Domingues held pos- 
session of the said lot three or four years; that there are buildings 
at present on the lot, and that it has been in the possession of those 
claiming under said Domingues ever since. 

1 he claim of Ana Maestre to one-half of the above lot No. 81, in 
the city of Pensacola, derived from Spanish titles is founded on — 

A copy of a mesne conveyance from Louis Maestre to the claim- 
ant, passed before Enrique de Grand Pre, Constitutional Alcalde, 
and the assistant witnesses, Louis Dounoy and Sebastian Caro, on 
the 22d March> 1822; rertified to be a true copy by Joseph E. Caro, 
keeper of the public archives, on the 2d J<if!uary, 1823. 

Also, an extract from the protocols, certified to be a true copy by 
Joseph E. Caro, keeper of the public archives, which states, that 
Maestre purchased the said half lot at a public sale of the estate of 
Domingo Salas, deceased, on the l8th of October, 1820; that Salas 
purchased of Francisco Eonal, on the 25th Angust, 1818; thatBonal 
purchased of Domingo Salas, executor of DanirJcio Salas, on the day 
last aforesaid; that Damalcio Salas purchased of Vicente Crespo, 
attorney in fact of John Domingues, on the llth of May, 1805. 

Note. See the foregoing claim for proof of performance of con- 
ditions. 

The claim of legal representatives of John Keyser, deceased, to 
one-fourth of the above lot No. 81, in the city of Pensacola, derived 
from Spanish titles, is founded on — 

A copy of a mesne conveyance from Francisco Garriga, and Al- 
fonso Salas, attorneys in fact of Joseph Gomez, to John Keyser, pass- 
ed before Enrico de Grand Pre, Constitutional Alcalde, and the as- 
sistant witnesses Luis Dounoy and Sebastian Caro, on the 1st of May, 
1821; certified to be a true copy by the same persons, on the same 
day. 

Also, an extract from the protocols, certified to be a true "one by 
Joseph E. Caro, Keeper of the Public Archires, which states, that 



[ml 129 

Joseph Gomez purchased of James Barcelo, on the 15th December, 
1815; that Barcelo purchased of the estate of Manuel Camps, on the 
15th December, 1815; that Camps purchased of Fraacisco Simon, 
on the 23d May, 1806; that Simon purchased of Vicente Crespo, at- 
torney in fact of John Domingues, by an act of sale, passed before 
Governor Folrh, on the 8th of August, 1 804. 

Note. See the claim of Domingo Torri for proof of the perform- 
ance of conditions. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAML. R. OVERTON. 
JOSEPH M. WHITE. 



130 . [HI ] 

J. 

In the year 1795 or 6, Governor Folch laid out a town between a 
quarter and half mile from the Fort of Barancas, and on the same side 
of tiie entrance into the Bay of Pensacola. It is in evidence before 
us, tliat it was his intention to have removed the city of Pensacola to 
that place, but was probably prevented from doing so, in consequence 
of a failure to obtain the ratification of the King: his sanction seems 
to have been indispensable, from an examination of the proceedings 
touching the alteration and sale of the public square by the Cabildo. 
Representations are said to have been made to his Catholic Majesty 
in opposition to the measure, by the citizens of Pensacola; but whe^ 
ther any reply was ever received, we have been unable to learn. 

All these claims are founded on mesne conveyances, the original 
permits being lost, as stated in our re^ioiis upon abstracts A and E. 
We have, however, had access to one of them. From an examina- 
tion of it, and the parole testimony exhibited to this Board, it appears, 
that there never was any thing more given by Governor Folch, than 
permits to improve and occupy the lots, intending to give them grants 
whenever the plan should be approved by the King. In one of the 
mesne conveyances, the grantor recites that ** he conveys the improve- 
ments on said lot. and, should he obtain the grant, conveys thereby 
the lot also." Whilst, in other cases, the improvements and lots 
were transferred in the proper offices, thus, it would seem, recog- 
uizing a property in the lots. 

These lots have been improved as other gratuities, and in all of 
them the deraignment is complete. The nsesne conveyances recite 
the names of the original claimants, as well as the fact of improve- 
ments having been made, without giving the date in some instances, 
at which they were made. We have, in such cases, dated the im- 
provements from that of the mesne conveyances. 

The lots embraced in this class, are within musket shot of Fort 
Carlos de Barancas; and if the claimants are considered as having a 
title to them, we presume it could be only upon the condition, that 
they should be subject to all the restrictions imposed by the laws and 
usages of Spain relative to lands contiguous to forts and fortifica- 
tions. As we have been unable to obtain access to the laws upon 
this subject, we have considered it most proper, both for the United 
States and the claimants, that we should report the cases for the final 
determination of Congress. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



[Ill] 13 t 

K. 

Foiirtli. An abstract and report upon sales at auction, tvhich have been 
rejected by the Commissioners. 

These lots purport to have been sold by the Constitutional Ayun- 
tamiento in 1813, and by Governor Masot in 1817. Most of the 
latter lie in the rear of Romana street, within the alteration of the 
suburbs of the cify, made by Intendant Morales, in 1807-8, by whicb 
the e^arden lots upon the British plan were converted into arpen and 
building- lots. 

From an examination of the original proceedings relative to these 
sales, we find a dictamen of Governor Masot, dated 2d December, 
1817, reciting, that he had convoked the Junta of Royal Hacienda, 
and that it was ordered that the King's houses and lots in the town 
of Pensacola and in the suburb thereof be exposed to sale at public 
auction. Also, a decree of said Governor, dated 4th February, 1818, 
stating, that a number of persons who had purchased at the public 
sale aforesaid, not having paid the amount of their purchase money, 
that advertisements be set up in the most public places, notifying 
them, that unless they come forward within three days and complied 
with the conditions of the sale, the said lots would be adjudged to others 
who petitioned for the same. Also, a decree of said Masot, dated 
7th February, 1818, setting forth, that the prolongation allowed by 
the foregoing" decree of the 4th instant had elapsed, declaring the 
sales made to those who had not complied with the conditions, nor 
availed themselves of the indulgence thereby extended, null and void, 
and that the said lots be adjudicated to others who might petition for 
them, at the price at which they weie originally sold. 

In some cases deeds and certificates of sale were given to the parties 
as evidence of title; in others, their claims are founded alone upon 
the original proceedings relative to the sales, which show that the 
lots were stricken off to the claimants at various prices, or were 
afterwards adjudicated to them, in consequence of the original ven- 
dees failing to pay the purchase money, in compliance with the con- 
ditions of the sales. The certificates were granted when the party 
applied for them and paid the price at which the lots were sold, and 
in them was uniformly an acknowledgment of the receipt of the money. 
The original proceedings, in some instances, show, that the purchase 
money was paid where no certificates were issued, which we have 
supposed should be received as conclusive. Where no such proof is 
exhibited, the presumption must be that the payment has never been 
made. 

The claims embraced in this class have been rejected from various 
considerations, some were believed to be antedated or fraudulent; in 
other cases, the purchase or adjudication was made, and the certifi- 
cates of sale issued, subsequent to the 24th of January, 1818. Ev-en 
where the purchase or adjudication was completed prior to, and the 
certificates were given after the limitation, we did not consider our- 



132 [111] 

selves authorized under the acts of Congress, to give them confirma- 
tion. 

In our abstract, we have been particular in giving both the date of 
the certificates and that at which the purchase or adjudication was 
made. We have also stated in our column of general remarks, the 
cases in which the payment of the purchase money appears not to have 
been acknowledged in any of the documents within our possession. 
The claims rejected from a belief that they are antedated or fraudu- 
lent, are clearly identified in the same part of our abstract. Except 
the two last-mentioned claims, we have no doubt that the titles includ- 
ed in this abstract are bona fide, and ought to be confirmed. Under 
such circumstances, the claimants have, at least, an equity to sustain 
their titles, and we cannot hesitate to recommend them to Congress 
for their confirmation. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAML. R. OVERTON, 
JOSEPH M. WHITE. 



E. 



AN ABSTRACT of Claims to Lots in Pensacola, founded upon sales at auction, made by the Spanish Government,andw hich have been rejected bv the under v IT 



nissioners. 



Mary Weaver 

Mary Weaver 
Mary Weaver 
Salvador Ruby 
Salvador Ruby 
John Losada 
John Losada 
John Losada 
John Losada 
John Losada 
J.>lin Loiiada 
John LoBado 
Gre^orio Caro 
Gr<f;>orio Caro 
Gi-fK'rioCaro 
Gregt-rioCuro 
John Urosnaham 
John BrDsnaliam 
.tohn Brosnuham 



Jol.T, IJ-c 



1 lirm 



nuhani 

John Broinaham 
John Brosnaham 
John Brosnaham 
John Brounahiim 
John Brosnuham 
John Brosnaham 
John nori:(l(lson 
John Doiruldson 
John Dunatilson 
John Donaldson 
John Donaldson 
John Donaldson 
William P. Ander: 
Cirilo de Morant 
(-irilo de Morant 
Cirilo de Morant 



Mary Weaver 

Mary Weaver 
Mary Weaver 
Mary Weaver 
Salvador Ruby 
Sulvailor Ruby 
John Losada 
John Losada 
Jotiii Losada 
John Losada 
John Losuda 
John Losada 
John Losada 
Greg orio Caro 
Grejforio Caro 

John Urosnaham 
John Brusiiah&m 
John Brosnaham 
John Brosnaham 
John Brosnaham 
John Brosnaham 
John Brosnnham 
John Brosnaham 
Jolin Brosnaham 
John Brosnaham 
John Drosiiahnm 
Johii Brjsnatiam 
John BrosnahAm 
.lohndeiaRua 
John de la Rua 
John de la Rua 
Carlos Baron 

Morino 



Frani 



Moi 



Peth'o Rcggio 
Cirilo de Morant 
Cirilo de Morant 
Cirilo de Morant 



Certificate of sale 



Mesne conveyance 



Decree of adjudication 



27lh April, 
2rtli April, 
270) April, 
27th April, 
20[|) Mnrch, 
20th ''arch, 
27lh Feb. 
27th Feb. 
27th Feb. 
27th Feb. 
27J. Feb, 
27th Feb. 
27lh Feb. 
201 h May, 
20th May, 
20th May, 
20th May, 
26tli April, 
26ih April, 
26th April, 
26th April, 
26th April, 
26th April, 
26ih April, 
26lh April, 
26th April, 
26ih April, 
26th April, 
26th April, 
26th April, 



6th June, 
26ili Feb. 
26lh Feb. 
26th Feb. 



80 feet front by 170 
80 teet front by 170 



80 feet front by 170 
80 feet front by 170 

do 
80 feet front by 170 
Arpan lot 

80 feet front by 170 
80 feet front by 170 
80 feet front by 170 



GENERAL REMARKS. 



the 2d December, 1817. and idjudicated to the clotmint, on tie 27th April, 1819 
^ Purchased by ihe claimant at pubUc auction, on 23d December, 1817. 



' December, I8ir 



Adjudicate j ,o t^e claimant on the 36th February, 1818, for the same price « which Ihev vere sold to Jo«ph n 

I 
J 

J.Purchased ,y ,1,^ claimant at public auction, on the I9th December. 1817. 



S-Piirchascd i ,y the claimant al public 



1 the 19lh December. 1817. 



U.I 



iljudlcatcl t5||,e<;Inin 



n 10th February, 1818, for tho B«me price st which they were sold to .Toacph Swrn December ] 



' Purchased i y j„|,„ j^ |j jj^,^ j, pui,]!^ paction on I9th December, 1817, 

Purchased 1 ,y (jarlos Baron, on the 20th December, 1817. at pubho auction. 

Purchased 1 y Francisco Moreno, on the 24th December, 1817, at public auction. 

Purchased b ^ prancisco Moreno, at pubhc aucHon, on the 20th December, 1817. 

Purchased ,.,. j,„ aegpo, at public auction, on the 24th Decembar, 1817. 
_Snld to Jos Swett, at pubhc auction, ou the 19th December, 1817. and adjudicated to the clain 
> taxed on , ^^]^^ (jy^ ^^g acknowledpncnt of the payment of the purchase money. 



IVn receipt for I lie amount 



ABSTRACT K— Conlinued. 




49 



Cirilo de Morant 
Cirilo de Morant 
— Cirilo de Morant 
44 j John DoDaldson 
John Donaldson 
John Donaldson 
John Donaldson 
John Donaldson 
Jobn Donaldson 
John Donaldson 
John Donaldson 
John Donaldson 
John Donaldson 
John Donaldson 
John Donaldson 
John Donaldson 
.. Pedro Alba, jun. 
58 Pedro Alba, jun. 
39 Pedro Alba, jun. 

60 Pedro Alba, jun. 

61 Pedro Alba, jun. 

62 Pedro Alba, jun. 

63 Pedro Alba, jun. 

64 Pedro Alba, "jun. 

65 Pedro Alba, jun. 

66 I Pedro Alba, jun. 



Cirilo de Morant 
Cirilo de Morant 
Cirilo de Morant 
I'edro Alba 
Pedro Alba 
Pedro Alba 
Manuel Gonzales 
Juan Alleck 

Antoine Colcin 
Juan de la Bua 
Juan de la Rua 
de la Bua 
Juan de la Bua 
Juan de la Rua 

de la Rua 

Pedro Alba, jun. 



Mesne conveyance 



Certificate of sale 



Month. Year- 



26lh Feb. 
25th I'eb. 
26lh Feb. 

3d Feb. 

3d Feb. 

3d Feb. 

3d Feb. 
28th Jan. 
21st Jan. 
21st Jan. 
21st Feb. 
21at Feb. 
21st Frb. 
2Isl Feb. 
21st Feb. 
21at Feb. 
13lh Feb. 
13th Feb. 
I3th Feb. 
13th Feb. 
13lh Feb. 
13th Feb. 
13th Feb. 
13th Feb. 
13th Feb. 
13th Feb. 



80 feet from by 170 
80 feet front by 170 
80 feet front by 170 
Acpaa lot 
Av[ian lot 

80 feetfrony i.vl70 
80 feet front by 170 

80 feet from bv 170 
80 feet from b) 170 
80 feet front liy 170 
80 feetfro].lbyl70 
Arpnn lot 



front by 170 
front b\ 170 
front li'y 170 
front by 170 
front by 170 
front by 170 
front by 170 
'eel front by 170 



GENERAL REMARKS. 



Purchased by Pedro Alba, at public auctioi 
Purchased by Pedro Alba, at public auction 
Purchased by Pedro Alba, at public auction 
Purchased by Manuel Gonzales, at public a 
Purchased by Juan Alleck, at public auctio 
Purchased by Antoine Colein, at public auc 



n the 21st of December, 1817. 
1 the 24th December, 1817. 
1 the 21alDecembci, 1817. 
ion, on the 24tb Decetnber, 1817. 
m the 24tti December, 1817. 
n, on the 20tb Decembir, 1S17. 



Sold to Stvett, at publio 



a the 20th December, 1817, and&djudicated to John de le Rua, on the 7th February, 1818. 



Sold to Joseph Swett, at public auction, on the Slat December, 1817, and adjudicated to Juan de la Rua, on the 7tli February, 18W. 



..The evidence in this case proves, that the certificate of sale for these ten lots is a forgery. 



All which is resfectrully submitted. 



SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



B^ 



A 



I 



Hoc, 111 — page 13U. 



J. 



AN ABSTRACT of Claims to Lots in the Village of St. Carlos de Barancas, founded on permits of improvements, which h&> •^e been reported to Congress by the undersi"-ned 

Commissioners. ^ ° 



Mariana Bonifuy 
Fernando Moreno 
Ana Folch 
Alfonso Sala< 
Ygiiacia Scrr 
Ygna.- - 






Ygni 
Ygnac 
Juaquin Barela 
Juaquin Barela 
Kosalia Segovia, 
Juaquin Barela 
Juaquin Darela 
Juau Suarez 



widow Barnard 



Juaquin Barela - 
Francisco Xinienii 
Francisco Duverge 
Carrerasand Barela 
Manuel Maldonatlo 
Manuel Maldonado 
Pedro Rola 
Pedro Rola 
John Lacosta 
John Lacosta 
Diego Zalozar 
Juaquin Barela • 
Juaquin Barela - 
Vicente Crespo 



Permit of improvement 



Month. Year. 



170 feet front by 340 
Arpanlot 



Governor Folch 



Commandant of Engiueera 

do 
GovernoF Folch 



1799 
18U5 
1799 
1800 
1804 
1804 
1814 
1814 
1807 
1807 
1814 
1817 
1817 



GENEBAL REMARKS. 



The origir °^ ^'^ claim is not recited. 
The origin '>f this claim ia not ictited. 

All which is respectfully eubmitted. 



SAMUEL tt. OVERTON, 
JOSEPH M. WHITE. 



/Joe. l\l— page 136. 



L. 



AN ABSTRACT of Claims to Lots on the Public Square in Pensacola, founded on the Sales of the Cabildo and Gratuitous Concessions, and which have been reported to Congress by 



the undersigned Commissioners. 



Antonio Montero - 
Fernuiitlo Morenu ■ 
JDscph Viol« 
Heirs of W hiters Brinson 



lith 



Guv<:r«iiC. F-irsytii 
JiimcBL. G«rcc - 
Vicente S. Pintado 
Vicente S. Fintudo 
Vicente S. i'inlado 

Vicente S. Pintado 



John B. Baquer 
JolinB. Bnquer - 
Francisco Bnirios ■ 
John B. AHeck 

S. Pintado 
fa. Pintado 
S. Pintado 
S. Pintado 
S. Pintado 
S. Pintado 
S. Pintado 



Sale by the Cabildo 

do 

do 

do 

do 
Mesne conveyance 

do 
Sale by the Cabildo 

do 
Mesne conveyance 
Sale by the Cabildo 
Grant 



it of improvement 



SOih DeccGi 
I8I1 March, 
24ih Decern 
28lhNovem 
29th Novem 
30tli D. 
30lh Decern. 

Ist May, 
Slat Dec. 
17th Decern. 
17lh D£ 
17th D( 
17lh Dt 
17th Decern. 
17lhDecet 
17th Decern. 

IstJan'ry, 1817 
31st May, 1817 



3 feet front by 93 



Intendant Ramirez 



7th December, 1813 



30th September, 1816 



Vicente S. Pintado 



titlNKUAL REMAUKS. 



The grantee has improved and inhabited the said lot from 1813 to the preiont dite. 

Sold at public auction on the 1 2th March. 1 8 1 1. 
do do 14th March, ISi-t. 

do do 31st December, 1813. 



'BB^s^i^^'^^iT!^.:!^^^ 



All which is respectfully submitted. 



SAMUF.L II. OVKnTON, 
KI.SKI'l! M, WIIIiK. 



[Ill] 133 

L. 

Fifth. An abstract and report tipon claims to lots laid out in the Public 
Square, by the Cahildo of Fensacola, in 18J 3, '14; with apian of said- 
alteration. 

The above claims are in that part of the city of Pensacola com- 
monly called the Plaza, or Public Square, lying between Alcanis and 
Palafox streets on the cast and west, and New street on the north, 
according to the Spanish plan of Pensacola* and between George and 
Charlotte streets in the British plan of the same. 

The undersigned Commissioners, aware of the deep interest that 
is felt by the individual claimants as well as the municipal authori- 
ties, in the decision which must be given upon the validity of these 
claims, have entered upon their examination with the reluctance and 
diffidence which their importance and difliculties have imposed, and 
with the deliberate consideration which the various questions of na- 
tional, municipal, and local law% involved in their decision, require, 
so far as they have had access to any information on the subject. 

The town of Pensacola was founded by the Spaniards in the year 
1696. When the Spanish and French Governments were contending 
for colonial aggrandisement in America, it was taken by the French 
and retaken by the Spaniards; but whether it was only a military post 
or a regular town, it is difficult to determine from any information 
within our reach. It is presumed, however, that, during these changes 
and revolutions, no regular plan of the town was formed, until it 
came into the possession of the British Government, by the treaty of 
1763; and whether there was an act of incorporation or not, made 
under the directions of the Board of Trade and Plantations, or the 
local authorities, is a question of equal uncertainty. From the re- 
cords in our possession, it is evident that there was a regular plan 
made under the British Government, with a large public square and 
other reserves, and all the town and garden lots granted to indivi- 
duals, according to that plan; and, during the period that the Bri= 
tish Government exercised jurisdiction and sovereignty over these 
provinces, there was no grant to any part of the public square, and 
no buildings erected thereon, except those for public and common 
purposes. 

The most important question involved in the consideration of the 
subject is — In what light was the public square viewed by the British 
Government? and w hat right did Spain acquire under the conquest in 
1781, and the subsequent treaty '-'' ..oion in 1783? It is evident from 
the British plan of Pensacola, and the records, that the abovemen- 
tioned portion of the town was yet a part of a common to the town, 
which could not be intruded upon or reduced to private property 
without manifest injury to the individual grantees, and purchasers 
contiguous thereto. It is believed that, under the common law of 
England, a public square in a town and city could not be granted by 
the sovereign any more than a street or highwav: and it has been sot- 
Ec 



134 [111] 

tied by re])eated adjudications, both in that country and in the United 
States that atiy power or privilege contained in an act of incorpora- 
tion, cannot be repealed by a subsequent act of Parliament or Legis- 
lature, without, the insertion of a special clause conferring that autho- 
rity. That there was a charter or act of the local legislature for the 
establishment of the town there can be no doubt, and laid out by the 
Surveyor General of the province, in conformity thereto. That the 
Britisls authorities considered that no part of the square thus laid off 
in the general plan, rould be granted, is conclusively demonstrated by 
the circumstance, that during the twenty years they occupied the 
place no portion of it was appropriated to individual uses. Whether 
there was an act of incorporation in addition to the one establishing 
the town, would not materially affect the main question above stated, 
or lessen the force of the vested rights of the contiguous grantees and 
purchasers, as vvell as the community in their privilege of ingress and 
egress upon that part of the town appropriated for the common bene- 
fit of the whole, and acquiesced in by an uninterrupted continuity of 
possession for twenty years. 

Propeity, as defined by writers on general and national law, is 
either public, common, or private, and although the sovereign can 
appi'opriatc private property for public uses, by making a fair com- 
pensation to the individual owner, it arises from the principle, recog- 
nized by all governments, that individual rights must bend to the 
pressing exigency of a whole communityj but when a resort of the 
kind is made, it is not by arbitrary compulsion, but by giving an 
ample indemnity and equivalent for the property thus appropriated, 
antl. in such cases, all that the sovereign does is to compel a relin- 
quishment ot his possessions for a fair price. It is said by Blackstone 
and De Lolme, on the British Constitution, that none but the sove- 
reign or legislature can exercise this power; the rights which a com- 
nuuiity enjoy in a public highway or public square, is as perfect as 
any right of private property secured by law; it follows, necessarily, 
that where a right of common is established, that it cannot be taken 
away without the consent of the owners, or without indemnification 
for the injuries they sustain: they can, at any time, voluntarily sur- 
render their privileges and rights in favor of the sovereign, and their 
alienation would make it public property, and subject to the disposi- 
tion of the sovereign authorities, wherever they may be lodged. That 
the inhabitants of the town, and the contiguous grantees, had a com- 
mon interest and right in the public square of the town, there can be 
but little doubt, and this right they cannot be deprived of without 
their free consent, or a fair equivalent; upon the principle above 
stated, an alteration of the square between a front proprietor and the 
bay, would materially injure the price of his property, obstruct a free 
circulation of air, and destroy his prospect — privileges for which he 
may have paid mucli more than he would have done, had he antici- 
pated the alteration, and render his position less valuable for business: 
any alteration of that kind, without his consent, would be a serious 
injuj-y to his right of property, without remuneration, and, upon the 
principle above stated;, could not legally be done. 



[Itt] 



135 



The next inquiry is, what change did the conquest of this province 
in the year 1781, make in the existing rights of individuals? It is be- 
lieved to be a well established principle of the laws of nations, that a 
sovereign can alienate any portion of his domain, without a provision 
in favor of individual rights by making compensation, which grows 
out of the paramount right denominated the right of eminent domain. 
Of the propriety of this principle, it is needless here to enter into any 
discussion. The conqueror would enforce the position at the point of 
the bayonet, and the conquered must submit. This place havhtg been 
captured by the Count de Galvcz. such conditions might have been 
imposed on the inhabitants; but in the articles of capitulation, and, 
subsequently, in the treaty of cession a provisional reservation of the 
rights of British grantees was made; these were permitted to sell 
within a limited period; the purchasers from the conquered inhabi- 
tants, in whose favor such indulgence has been given by treaty, suc- 
ceeded to all the rights and privileges which they enjoyed, and, 
among otiiers. the right of common. The plan of the town remained 
unaltered for twenty years under the Spanish Government, during 
which period her own subjects acquired rights contiguous to the 
square, of the same character as those which existed in the British 
grantees, and no alteration was thought of until the mines of Mexico 
ceased to pour their floods of gold into the ootfers of the provincial go- 
vernment, when the hungrj' rulers began to devise ways and means^ 
at any sacrifice, to fill their exhausted and decayed treasury. They 
soon forgot the res communes, and the distinction de divisione rerum^ 
during this period; however, permits were granted in one or two in- 
stances, to erect temporary improvements, by officers of the garrison^ 
to those who wished to supply the garrison or town with marketing, 
&c. which is a common practice under the Spanish Government in 
the vicinity of forts, where they are forbidden by law to grant titles 
of property. These permits are presumed to have been of that cha- 
racter, with special clauses to that effect, and conferring usufructuary 
rights only. 

The first alteration of the square was projected by Governor Folch 
y Juan, in 18(12, and the most of the lots granted in the year 1804, 
and 5. The alteration was of that part most remote from the bay, 
and lying between the streets E. and W. beforementioned, and be- 
tween Intendencia and New streets, a continuation of Government 
street on the north and south, and contained thirty-three lots. Folch 
at the same time contemplated a removal of the town to Barrancas. 
In 1806, when the Intendant and Superintendent General Morales 
arrived here, he disapproved of the project, and refused to confirm 
the titles given by Folch, as also to concede t'^e ungranted lots, (vide 
title of Caso y Luengo,) but decreed that the grantees should remain 
in possession until the decision of his Majesty should be known. Whe- 
ther it ever received the royal sanction, we are unable to determine; 
but several years afterwards. Morales granted some of those lots. 
The arguments above stated would equally apply to this alteration, 
but it was the duty of those interested, whose rights and privileges 



136 [Hi] 

were invaded by this proceeding, to have prosecuted their rights under 
the Spanish Government, by petition or suit; their* failure to do so, 
is an acquiescence and presumed consent of the community and muni- 
cipal authorities, which combined with the ratiiication of the Intend- 
ant, as is evidenced by his granting tlie lots, the long possession of 
the claimants, their undisturbed possession for twenty years, place 
those claims in a different point of view from the sales of the Cabildo. 
The Commissioners will do what the authorities of Spain could legi- 
timately perform; and as these lots have been improved and occupied 
for that length of time, with the consent of the ofMcers of government, 
the local authoiities, and the contiguous grantees, although there 
might have been an original defect of power, they will give confirma- 
tion to them. The laws of all well regulated societies make a distinc- 
tion betv.een longestablished and prescriptive rights, and those unde- 
termined and in fieri. Even usages which are sanctified by imme- 
morial practice, assume the character of law. The recent plan under 
the constitutional government, however, has none of those sanctions, 
it is res Integra; the Spanish autliorities have never approved it; and 
the United States are now required to do what Spain would have 
done, had not the sovereignty been transferred. What Spain would 
have done, can only be ascertained by her laws and ordinances; for 
we must presume that those only are the rules by which every go- 
vernment is regulated. 

The water fountains, the places where fairs and markets are held, 
where the city councils meet, the sandy places on the banks of rivers, 
belong sejjarately to the commons of cities and towns, because they have 
been appropriated and granted for the common use of each city, town, 
castle, or other places. — Partidas, tit. 28, 1. 9. The same work, tit. 
5, 1. 15, upon the subject of sale and purchase, declares, that ^'public 
squares, roads, threshing grounds, rivers and other waters, which 
belong to the king, or the commons of any city, cannot be sold or alien- 
ated.^* Title 32, law 23, provides, that " no one ought to erect a 
house, or other building, or works ^ on the public places, or threshing 
grounds, or roads, which are common to cities, towns, or other places. 
For as they are left open for the sake of regularity, and the common 
good of all who come there, no one ought to take possession of them to 
labor there for his oxvn particular benefit. And if any one contravenes 
this law, that which he builds there ought to be pulled down and de- 
stroyed; and if the corporation of the place where the works aie con* 
structed. chose {to retain them for their own use, and not pull them 
down, they may do so; and they may make use of the revenue derived 
therefrom in the same manner as of any other revenue they possess." 

j^ccording to Vattel, b. 1, c. 20, s. 245-6, the eminent domain con- 
fers on the sovereign barely the power to regulate the ma7iner in which 
common property is to be used. He cannot alienate or take away the 
rig!>t of those who have a share in that property; but the care he ought 
to take, as the trustee and guardian of the public repose, invest him 
with the power to prescribe laws regulating the manner in which 
common things are to be enjoyed. The exercise of a different power. 



[Ill] 137 

would place this species of property upon the ground occupied by that 
of a public nature, and destroy every feature which would indicate 
its being held and enjoyed in common. The idea inseparably con- 
nected with this description of property is, that it shall not be reduced 
to severalty, unless with the consent of all interested. All have a 
right to a free use and servitude in it. The sovereign cannot ah)ne 
alienate it, but is bound, as the protector of his subjects' rights, to 
prevent any one, either by alienation or otherwise, from usurping 
more of the common use and servitude, than that to which he is justly 
entitledj or disturbing any other in the use of it, or rendering it less 
Jit for public purposes. He is obliged to see that this common use is 
in no way injured or impaired, by excluding any one, or making a 
distinction to Ins disadvantage, by assigning some less, and others 
more, than they could rightfully claim. 

This incontestably proves that the civil law of Spuin was as expli- 
cit on the subject as tliat of the common law of England. The rt f r- 
ence made to the work, entitled ' Recopalacion de las ley es las In- 
dias," in the proceedings instituted to obtain a ratification (f the alte- 
ration of the square by Hie constitutional Ayuntamiento, has been 
examined with great care, and by no means will bear the construciion 
endeavored to be given it. This appears also to have been the opinion 
of Mie Commandant of Engineers. It does not confer any authority 
to alter a square already made, but directs the matiner in which 
squares shall be laid off, referring of course to tlie future. 

We have already remarked that the squares of cities, which are con- 
sidered in the light of common property, can only be altered by the 
concurrence of all the parties concerned. The citizens or corporation 
must legally consent, as well as the sovereign, who stands in the atti- 
tude of a trustee. In the case now before us, the citizens present 
themselves in opposition to the measure, and we have no evidence that 
His Catholic Majesty ever acceded to it, which seems to liave been 
indispensable, from the proceedings instituted to effect its ratification. 
Anastacio de Aran^o, Commander of Engineers reports that the case 
is *' full of obstacles," and should be submitted to the Supreme Go- 
vernment, He also intimates, if we understand him, that the powers 
of the Cabildo, both under the constitution and decrees of the King, 
relate to the sale of lands only. On 13th April, 1814, speaking of the 
new plan of the Cabildo, he says, " I never believed it could be pos- 
sible they could interfere with the royal buildings, as such decisions 
have no connection with those which ought to belong to the constitu- 
tional Ayuntamiento." The Surveyor General and Minister of Fi- 
nance of West Florida approve of the alteration, to whom no difli- 
culty was presented. However, the King's attorney at Havana, to 
whom no reference appears to have been regularly made by the Intend- 
ant, reports inconveniences in the case, and suggests that it sliould 
be reported to his Majesty. Under the constitution it should have 
been forwarded to the Provincial Deputation to be apjjroved by the 
Cortez; but whether this was ever done or not, or what was the re- 
sult, we have been unable to learn. 



438 [ill] 

Upon a careful examination of these proceedings, it seems that, in 
addition to the diiliculty growing out of the square being common pro- 
perty, it was considered as a military square, \yith which the Cabildo 
could not interfere, agreeable to the opinion of the Commandant of 
Engineers. The Director of Engineers, in his communication to Apo- 
daca, Captain General of Cuba, after protesting against varying the 
position of the military buildings by the new plan of the Cabildo, 
pays, "As little could they sell or dispose of either the whole or a 
part of the King's lots, without his sovereign consent; so that I con- 
ceive the whole ought to revert to the same situation in which it was 
before any such innovation took place." -In this opinion Apodaca 
concurs, unless it should be attended with prejudicial consequences, 
in which event he would represent the case to his Majesty. Jose dc 
Soto, Governor of West Florida, after an examination of the whole 
proceedings, had previously decreed, that *' there was no authority by 
which the plan of the town could be altered, so as even to interfere 
with the military buildings;" and prohibited all improvements upon 
the lots sold upon the new plan, until the decision of his Majesty 
should be known. 

From a view of the whole case, the undersigned Commissioners can- 
not believe that tiie alteration of the public square by the Cabildo, or 
the gratuitous concessions were authorized by la^ ; but. with due de- 
ference, submit the case to the decision of Congress. If we have been 
right in considering it as common property, and were to confirm the 
claims to the lots, it would amount to nothing more than giving the 
assent of the government to the new plan, as the trustee of the citizens 
of Pensacola. The claim of the citizens would still be open to in- 
vestigation before the judicial tribunals; should it be viewed in the 
Tight oi A military square, it is submitted how far it becomes public 
property, to the alteration of which the Commandant of Engineers, 
to Vt'hom it was properly referred, never consented. On the contrary, 
he reporied against it as illegal, and a matter with which the Ayun- 
tamiento had no concern, being without the pale of the powers with 
which they were vested. This is admitted to be a hard case upon 
most of the claimants. The original vendees, it appears, paid a va- 
Juabie consideration for the lots, and some of them have since passed 
into the hands of innocent purchasers. In equity and justice they are 
either entitled to the lots, or the money with which they were pur- 
chased; but how they are to obtain redress, Congress must determine. 

The alteration of division 24, which was reserved in the original 
plan for public buildings, and to which the proceedings in part relate, 
appears to us to stand upon different grounds from that of the square 
of the city. The first was reserved for special purposes of a public 
nature: it wsis public property, and as such was subject to the disposal 
of the lawful authorities of West Florida. We have, therefore, given 
them confirmation. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



[ 111 ] 139 

THE ACTS OF THE CABILDO. 

YEAR 1816. 

Judicial proceeding followed up by sundry inhabitants of this town, 
in order to obtain possession of the lots which they purchased at pub- 
lic sale; to which the collateral (incidental) claim for the piece of land 
appropriated for the church, was annexed by order; as brought for- 
ward by the Rev. Vicar General and Ecclesiastical Judge. 

.5 STATEMEJVT of the individuals rvho purchased the undermentioned 
lotSf which were sold at public judicial sale, hj order of the Superior- 
ity of this Town, in the months of December^ 1813, and January, 
q/'l814. 



Lot No. 357 


Adjudged to Don Joaquin Barrela, 


for 




350 00 


358 


do 


Don Lorenzo Brew 


- 




. 


340 00 


359 


do 


Don Manuel Gonzales 


- 




- 


312 00 


360 


do 


Don Joseph Gouniarin 


- 




- 


145 00 


561 


do 


Ma. Char. Grand Pre 


- 




- 


127 00 


365 


do 


Don Joaquin Barrela 


- 




- 


50 00 


366 


do 


Charles Sierra, (a colored 


man) 


. 


33 00 


367 


do 


Don Eugenio A. Sierra 


- 




- 


156 00 


368 


do 


Don Antonio Collins 


. 




- 


55 00 


369 


do 


Don Antonio Montera 


- 




- 


78 00 


7 


do 


Don B. Bacquet 


- 




- 


232 00 


8 


do 


do 


- 




. 


231 00 


9 


do 


Don Joseph Viola 


- 




- 


200 00 


10 


do 


Don John B. Aleck 


- 




. 


252 00 


12 


do 


Don Fran. Barrios 


„ 




- 


212 00 


17 


do 


Don Domingo 


- 




. 


137 50 


19 


do 


Don Antonio Montero 


- 




- 


164 00 


20 


do 


Don Ignacio Presas 


- 




_ 


200 00 




do 


Charles Sierra, (a colore*] 


man 


,) 








being part of lot No. 


246, va- 








lued at 


- 




- 


35 00 


3 


do 


Don Elias Papin, for 


. 




- 


124 00 


4 


do 


Don Charles Lavalle 


- 




- 


205 00 


5 


do 


Mr. Thomas Boils 


- 






165 00 


6 


do 


Mr. John Brinson 


- 




- 


177 00 



Dollars, 



3,980 50 



Pensacola, 4th September, 1815. Signed on the part of all con- 
cerned, by Francisco Barrios, Charles Lavalle. 



140 [ 111 ] 

i>ETrnoN 1st. 

To his Honor the Governor and Sub- delegate: 

The undersigned inhabitants of this place, with decorum and re- 
spect due to your honor, present themselves, and state: That the 
Ayuntamiento, iieretofore of this place, did, at the request of the Go- 
vernor, Don Matthew Gonzales Manriqtie, and with the consent of 
the Deputy Minister Intendant of Finance, Don Antonio Cabanis, 
and of the Commander of Engineers, Don Anastacio de Arango, by 
their acts and council, ordain the sale, in a public judicial manner, 
of the additional lots occasioned by the regulation of the two squares 
of Ferdinand the 7th, and of Seville, in the intermediate space, and 
also the division destined foi' a church, situate between the house of 
Don Francisco Gonzales de Jente, King's Storekeeper, and that of 
the widow Francisco Albert y Ramos- The object of said sale was 
to procure, with the proceeds thereof, the indispensable necessaries 
of subsistence for the garrison and those attached to it^ then under the 
most urgent circumstances of misery, in which they were placed by 
a failure of their supplies of provisions, and their want of means to 
procure relief. Tlie exponants. in consequence therefore, purchased 
the lots numbered as in the adjoining statement, for the prices detailed 
therein, four of which only are occupied by the owncis, which are 
those of Don Eugenio Antonio Sierra, Don Francisco Gonzales de 
Jente, and Don Lorenzo Brew, in the church division; and Don Joseph 
Viola on lot ISo. 9, in the spare between the tvi^o squares, wheie he 
lias built a house of becoming appearance. But your honor having 
been informed that it was the intention of Don Carlos LavaiJe iike- 
wise to enclose and build upon the lot which he bought near the go- 
vernment house, has put a stop to it; because t!ie apjjrobation of his 
majesty respecting the sale has not been received, notwithstanding 
those who make tliis representation paid the prices for which the lots 
were sold, and were put into the possession of tlsem by the members of the 
Council, commissioned for the sale, and who executed ihe correspond- 
ing writings in the public archives. It becomes, therefore, a matter 
of doubt whether tliey are, or are not, legitimate owners, and whe- 
ther they can or cannot dispose of what they believe they have ac- 
quired a just title to at public sale, with the sound of drum and voice 
of the crier, because, by any other mode they ought to believe they 
have been defrauded by the authorities acting in the said sale. They, 
therefoie. enti'eat your honor will have the goodness to determine by 
decree, if they ought to consider themselves owners of the said lots, 
and if they are really not so, that the money which they have paid for 
them may be returned to them; that by this means may be prevented 
their incurring a greater injury which might probably occur to them: 
tlip which act will be to your petitioners a favor and courtesy. Fen- 
sacola, 4th September, 181 5« 

Futthcj more, as this affair may require other judicial communica- 
tions, such as your honor may cho se to dictate, a particular notifica- 
tion of which to each individual interested; would occasion embarrass- 



[HI] 141 

ment, your petitioners ask and entreat your honor will please to order 
it to be understood, that such proceedings will be treated of with Don 
Carlos Lavalle and Don Francisco Barrios, on whom, from this time 
forward, we confer ample power to represent us and to do for all of us 
whatever may be consistent with our rights. We ask as before writ- 
ten. (Signed) Juan Aleck, Carlos Lavalle, Joaquin Barrela^ Anto- 
nio Calcires, Manuel Gonzales, Widow Montero, Lorenzo Brew, 
Eugenio Antonio Sierra^ Frk. Goumarin, WhitersBruison, Francisco 
Barrios- for his mother Luis Guyarre, IgnacioPresas, Carlos Sierra. 

Decd.ee — Pensacola, 5th September, 1815. Taking into consi- 
deration that there was no autfwrity by which the plan of the town could 
be altered so as even to interfere with the military buildingSf the decla- 
ratory decree which the parties solicit, cannot be issued. It will be 
understood that no innovation is to be permitted until after the deci- 
sion of his Majesty, to whom I am going to refer tlie affair by the first 
opportunity. (Signed; Soto, Hernandez, (countersigned) Sousa, 
Cevallos. 

NoTiFicATiojf. — In the same day, month, and year, we made it 
known to Don Carlos Lavalle and Don Francisco Barrios. We cer- 
tify the same. (Signed) Sousa. Cevallos. 

Petition. — We Don Carlos Lavalle and Don Francisco Barrios, 
inhabitants of this place, for ourselves, and in behalf of the indivi- 
duals who purchased several public lots in the years 1813 and 1814, 
and who have authorized us to this effect, before your honor as may 
be most conformable to law, and with reservation of whatever plea 
may avail us, present ourselves, and say: That, in the month of Sep- 
tember of last year, (l815) we presented a petition in common, to the 
Intendant (commander,) ad interim, predecessor of your honor. Col. 
Jose de Soto, in which we explained ail the circumstances which pre- 
ceded and occasioned the sale and adjudication at auction of the 
twenty-two complete lots, and part of another, which we purchased 
for the sum of three thousand nine hundred and eighty dollars and 
four bitts, as also the subsequent circumstances resulting from our 
having delivered the money to the person authorized to receive it; ia 
virtueofail whicli, we considered ourselveslawful possessors of the said 
lots. We stated, also, what had occurred with Don Carlos Lavalle, 
at the time he wished to build on tli,e one he purchased near the go- 
vernment housej and we concluded our petition by requesting that the 
commander would please to declare, if we might consider ourselves 
owners of the said lots, adding, that, in case we were not so, the 
money we had disbursed ought to be repaid us, together with an allow- 
ance for the detriment occasioned us. 

The result of this petition was, that Don Jose de Soto decreed on 
the day following, with the advice of Don Carlos Hernandez Barrutia, 
Auditor of Government and Assessor of this Intendancy, that, "'Tak- 
ing into consideration that there was no authority by which the plan 
of the tow n could be altered, so as even to interfere with the military 
buildings, the declaratory decree which was solicited, could not be 
issued; and that no innovation would be allowed until after the deci- 
Ff 



142 [111] 

sion of his majesty, to whom he was going to report the affair by the 
first opportunity." 

Sufiricient time has already elapsed, if Don Jose de Soto realized 
that part which he exposed in his decree, for the answer to have 
reached this place, and as we are inteiested in knowing what is the 
determination of his Majesty, or of whatever other subordinate autho- 
rity the said gentleman might address himself, so that, at sight of 
what it may be, if our rights should be infringed upon thereby, we 
may press our claims; so much the more just, as it is impossible to be* 
lieve that we will be deprived of what was sold to us by the authori- 
ties of the country, with the sound of a drum and of a crier- 

We, therefore, intreat your honor will decree that a certified 
copy be put in continuation herewith, of the answer that may have 
been "addressed to Don Jose de Soto, and being done, that the same 
be delivered to us, so that we may proceed consistently with justice, 
which we ask. We swear we proceed not from malice, but necessity, 
&c. (Signed) Francisco Barrios, Carlos Lavalle. Pensacola, 6th 
of August. 1816. 

Decree. — Put them an official certificate of the answer they soli- 
cit, and, being done, deliver it to them as they ask. (Signed) Zuniga, 
(countersigned) Domingo Sousa, Jose Cevallos. 

NoTiricATio]v.~On the same day we communicated to Don Car- 
los Reggio, Secretary of this Government, and we also delivered him 
the judicial proceeding for the purpose abovementioned. (Signed) 
D. Sousa, Jose Cevallos. 

Copy. — In an official note of the 16th of the present month, the Di- 
rector of Engineers of this place has w rittcn me as follows: " May it 
please yonr Excellency: The late Cabildo of Pensacola could not nor ought 
to vary the position of the military buildings of that place, without the 
sovereign approbation, as provided in article 9, title 1, regulation 3, of 
the ordinance of the royal corps of engineers, and much less without 
the direction of the said corps, to whom, by the first article of the same 
title and regulation, it exclusively appertains. As little could they 
sell or dispose of either the whole or part of the King's lots, without 
his sovereign consent, so that I conceive the whole ought to revert to 
the same situation in which it was before any such innovation took 
place, and for which it appears to me your excellency is invested with 
the power, according to the aforesaid article 9, or otherwise to give 
information to his ^Majesty for his sovereign decision, continuing, in 
the mean time, the pj-ohibition to use the said lots and vary the buildings. 
This in submission to the superior judgment of your Excellency, to 
whom I return the documents." My own opinion being conformable, 
1 transmit you a copy thereof in answer to }our official note relative 
to the affair, No. 570, to the end that you may carry into effect what 
relates to the first point, unless the execution should be attended by 
injurious circumstances, in which case your Honor will instruct me 
thereof, that I may slate the same to his Majesty. God preserve 
your Honor many years. Havana, 20th January, 1816. (Signed) 
Apodaca. (Addressed to his Honor the Commander of West Florida., 
ad interim. 



[Ill] 143 

Certificate. — The foregoing is a copy of the original official 
document which exists among the papers of this office, under* my 
charge, to which I refer. Pensacola, 6t4i August, 1816. (Signed) 
Carlos Reggio. 

Petition — We, Don Carlos Lavalle and Don Francisco Barrios' 
having filed petitions for the purpose of obtainii-g for ourselves and 
for the inhabitants whom we represent, possession of the lots of the 
crown, which were sold to us at jxiblic judicial sale, under all the 
formalities (which were) prescribed by the rules of the time in which 
the sale was effected, or in case possession could not be given us, that 
the sums we have paid might be i-eimbursed us, together with an in- 
demnification for the detriment we have sustained from a deprivation 
of our money. We say that, in consequence of the request contained 
in our last writing, your honor was pleased to decree, on 6th inst. 
"That a certified copy should be put in continuation by your Honor's 
Secretary, of the answer of which we tr'eated, and, being done, it 
should be delivered to us." This has been done, and we have found 
that his Excellency the Captain General, to whom the Ctmunander, 
the predecessor of your Honor, stated the case in an official note. No. 
570, on the ground of a communication from the Director of Engi- 
neers of Havana, dated 16th of December of the last year, advised the 
government of this province, with date of the 20th of January of the 
present year, to let the affair remain as it was, unless attended by pre- 
judicial circumstances, in which case tins government ought to in= 
struct him thereof, that he might report the same to his Majesty. 

At sight of this decree we were obliged to conclude that Don Jose 
de Soto omitted in his official paper. No. 570, what he ought to have 
stated, and that he expressed what he was not authorized to say. 

In effect, if in his report he had stated that the sale of the said lots 
was determined upon by the Cabildo of that time, incited to it by his 
Honor the Militai-y Governor of this province, and President of the 
said Cabildo; that the fundamental motive for this, was the low state 
to which the roya' coffers of this place were reduced, and the neces- 
sity of some food for the garrison then perishing for want; that the 
Commander of Engineers, Don Anastatio de Aranga, not only made 
verbal insinuations to the Governor, Don Matthew Manrique, that 
he ought to avail himself as much as possible, of his discretionary 
powers to sell the lots and lands of the royal domain, but also, (as we 
have heard) he executed the same in writing; that, in the new formi 
given to the plan of the town, and which was drawn by the Surveyor 
General with strict adherence to the rules prescribed by the laws of 
these provinces, the position of the military buildings was in no 
wise varied: that the sale was published by large bills, and was ef- 
fected according to the custom of the country at the sound of the 
drum for which reason the Commander of Engineers could not be 
ignorant of it, and if he could have had any thing to object to or to 
reclaim, he would not have kept silence; that the disbursement wag 
made, on our part, of the real and effective sums for which the 
lots were respectively adjudged to us as the best bidders, the posses- 



144 [ 111 ] 

sion of which we were despoiled of by this same Don Jose de Sotoj 
and, finally, that, with the amount which we paid for the same, the 
garrison was sustained. If all and each one of these circumstances, 
we again repeat, should have been explained in the official paper, No. 
570, with that exactness and impartiality which justice requires, how 
was it possible that the Director of Engineers of Havana could have 
consumed the Cabildo of this place, and less, have abided what his 
answer to his Excellency the Captain General, contains? Or how his 
Excellency (the po'^ition of the military buildings not having been 
varied in the least.) would, in conformity therewith, have ordered 
that what related to the first point, should be carried into effect, and 
manifested a doubt that the execution thereof might be attended by 
prejudicial circumstances. 

Wien thus much is evident, it becomes necessary to believe that 
the report was not adjusted to the reality of the events, but that some 
circumstances were omitted which were in our favor, and, for some 
particular end, others were introduced to our prejudice* For these 
reasons, therefore, we consider ourselves authorized to protest one, 
two, and three times, and as many times oftener as by law may be 
necessary agaisfst the author, or authors, of all the injuries and de- 
triments which have resulted to us from having sold us the aforemen- 
tioned lots, to obtain the amount for which they were adjudged to us; 
and. under the pretext of having altered the plan of the town, so as 
even to interfere with the military buildings, have prohibited us from 
buil iing, selling, or making any use of our property. 

We will suppose for an instant, that the thing might be such as it 
appears that it has been represented to be, to his Excellency the 
Captain General, in the official paper, No. 570, would this be a rea- 
so!i that we should be the victims of any irregularities with which the 
Cabildo, the Military Governor, Don Matthew Manrique. the Com- 
mander of Engineers, Don Anastatio de Arango, and the other au- 
thorities* might have proceeded, who were concerned in the affair, and 
ordered the judicial sale? Could we, in so serious and solemn an act, 
doubt their auihority to separate from the royal patrimony the lots 
which they put up at public auction? Would we not have exposed our- 
selves to just confusion, and even to punishment, if we Mould have 
attempted such an investigation? We believe there can be no man in 
his senses of this opinion. We also judge that there can exist neither 
reason nor justice, even if there is cause to invalidate sales made with 
so many formalities and so much solemnity, that there should be any 
to de,)rive us of the right to obtain the reimbursement of our money, 
together wiih an indemnification, justly graduated by the privation 
thereof, from the time that we paid the prices for which the lots were 
adjudged to us, until the moment when the restoration of the same may 
be effi^'ctf d. We knew that in the situation in which the affair is 
placed, your honor is not at liberty to act, and can resolve nothing. 
The decision ought to emanate IVom his Excellency the Captain Ge- 
neral if as we suppose, in compliance with prompt justice, he drops 
the idea of reporting it to his Majesty; but that he may be able so to 



[Ill] 145 

do, with less scrupulousness and greater security; in that case, it will 
be convenient that ail wlnicU we have alleged in this writing should 
be fully proven. Therefore, 

We entreat your Bonor to order that, by the Secretary of this Go- 
vernment, in whose charge it appears the books and papers of the late 
Ayutitamiento are found, there may be annexed in continuation 
herewith, certified copies of ail the acts, official papers, and other 
documents and proceedings, which preceded and regulated the afore- 
said sale; as likewise, certificates from the Captiiin of infantry, Don V. 
S. Pintado, Surveyor General of this Province, of the proceedings, 
orders, and official papers, by which Was brought to pass the altera- 
tion and regulation made of the old plan of the town; annexing a copy 
thereof, and of that which he foi-nied anew, together with the explana- 
tions necessary for a better comprehension of the same. All which 
being done, your Honor will please to transmit a copy of the judicial 
proceeding to his Excelleticy the Captain General, in compiianre with 
his provision of the 20th ot January of the present year, and which, 
according to our limited comprehension, ought to have been done 
without our solicitation, by your Honor's predecessor, within the 
terms required by justice, which we ask. We swear we proceed not 
from malice, but necessity. (Signed) Francisco Barrios, Carlos La- 
val le. 

Decree. — Let them have the certificates they request for the indi« 
viduals mentioned in the petition. (Signed) Zuniga. (Counter- 
signed) Domingo Sousa, Jose Cevallos. 

Notification. — In the same day we made it known to Francisco 
Barrios, and D. Carlos Lavalle; which we certify. (Signed) Sousa, 
Cevallos. 

JS'^o. 1. ^d of the Cahildo. — In the town of Pensacola, on the 10th 
of April, 1813, in extraordinary sitting, summoned by his Honor the 
Governor, ad interim, of this province, and President of this Ayunta- 
miento, his Honor began by observing that the object of this meeting 
was, to state that, having received intelligence that the Americans 
were forming an expedition at Pass Christian, for the purpose of 
attacking and obtaining possession of Mobile, in case those of that 
post should not be able to defend themselves; and that, in consequence, 
they would not cease to disquiet this town, for which reason he es- 
teemed it his duty to recommend to the gentlemen present, that they 
ought, on their part, to use every possible effort to ensure a punctual 
compliance with respect to what he was about to propose: 1st. That 
they make interest with such persons as may«have any provisions, 
and encourage them to make a delivery of them to supply the troops 
with rations, by ensuring them pay for the same, from the National 
Treasury of Havana; and put up public bills to that effect. 2d. That 
because the Treasury Coffers of this place are found absolutely with- 
out funds, they endeavor to prevail with the owners of carts to per- 
form the service of hauling a few timbers obtained from an individual, 
for the purpose of completing the powder magaziine and glacis of fort 
^t, MioliaeU 3d. To urge those who own stock, either of beef, cattle. 



146 [111] 

horses, or ho!:^g, to have them brought over on this side of the river 
Perdido, for the greater security of the same. 4th. 1 hat by means 
of piibiic advertisements, this faithful and loyal vicinity (community) 
be entreated to contribute as much as possible towards clearing the 
ground contiguous to Fort St. Michael, so that the firing frem the 
same may have the better effect, in case of an attack. The which 
propositions of his Honor t!ie President, having been heard with the 
greatest attention, by the Alcalde and other gentlemen of this Cabil- 
do. they all unanimously promised not to omit any step or effort in 
order to give effect to what had been i-ecommended 

Afterwards, at the request of the Syndic, was taken into conside- 
ration the (vacant) lots found in the town and its environs: that it 
Wfjuld be well to put them up to sale in order that, with the proceeds 
thereof, purchases of provisions. &c. might be made for the royal ma- 
gazine of this place, with respect to which it was rescdved, that his 
hotior the President be charged with the passing of an official note to 
the Intendant. in order to obtain this object, which is rendered of so 
much importance by the necessity which is j)revailing. 

Lastly. I, the Secretary, was ordered to pass to the dwelling of the 
lady widow of the Adjutant Major D. Jose Noriega, and inform her 
that, in the course of three days, the writing of property would be re- 
quired of t!ie lot contiguous to the barracks; situate in the middle of 
the Htililary square, vi'hich she says she owns, and speaks of again 
putting up its buildings, but which is said not to belong to her; with 
which this sitting was closed, and was signed by his honor the Presi- 
dent, and the other gentleissen of this Ayuntamento, which I certify. 
Mauricio deZuniga, Vicente Ordosgoity, Martin de Madrid, Fran- 
cisco Gomez, Antonio Montero, Lorenzo Vitrian, and Francisco Bar- 
rios, Secretai'y. 

rVo. 2. Ad of the CaUldo of the S.lst April, 1813. — In the town of 
Pensacola, on the 21st April, 813, in extraordinary sitting, sum- 
moned by his honor the Governor of this province, and President of 
this Ayuntamento; the gentlemen who composed it having assembled, 
liis honor the Governor commenced by shewing the official note he 
had passed to the Minister of Royal Finance, as charged in Cabildo 
on the loth instant, together with the answer, and what else had been 
done vk'ith respect to the affair, and sale of the lots in this town, ac- 
coj'ding to wliat appears from the copy thereof, which exists in the 
archives under my charge: wlien, after reflecting thereon, and con- 
ferring together, it was un;riimousIy agi-eed that the desires of his 
honor the Governor v\yre fulfilled, as recorded in the aforesaid sitting 
of the 10th inst.; with which this sitting terminated, and was signed 
by his honor the Governor and the other gentlemen, which I certify. 
Mauritio de Zuniga, Vicente Ordosgoity, Martin de Madrid^ Milan 
de Carreras, Francisco Gomez, Francisco Barrios, Secretary. 

No. 4. Act of the Cabildo of the I7th May, 1813 — In the town of 
Pensacola, on the 17th of May, 1813, the gentlemen of the Constitu- 
tional Ayuntamento of this place, having assembled in the ordinary 
sitting, presided by his honor the Commander of this province, as 



[Ill] 147 

Civil Chief of the same, three official notes were read, addressed by 
his honor, with date of the 10th inst. thefirst accompanying a printed 
paper which contains three royal decrees of the 4th, 9th, and 1 3th of 
February last, relative to the daily allowance to gentlemen deputed 
from courts of ultramarine provinces. The second accompanying an 
exemplar from the Gazette of the Re,a:ency of Spain and its dependen- 
cies, of the 26th of January last, containing the royal decree of the 
4th of the same month, xvhich treats of the redaction of public (common) 
grounds to particular property. And the Sd contains another royal 
decree of the 26th of September of last year, by which it is provided 
that such ecclesiastics as may be found living as citizens, may hold 
an active voice, and give their votes at the election of the Constitu- 
tional Ayuntamentos, but may not he elected to any office or council. 
Whereupon it was resolved by all the gentlemen, that due compliance 
shall be given in tlie respective particulars, and that for the purpose, 
the said official notes be reserved in the archives, together with the 
reports by the gentlemen Alcalde, commissioned by the Ayuntamen- 
to, &c. 

JVb. 5. Act of the CaUldo, of the S\st Jlugmt, 1813. — In the town of 
Pensacola, on the 31st of May, his honor the Piesident, and the other 
gentlemen of the ex-Ayuntaniento, have assembled^ among other 
things they treated on the following: 

"Afterwards, an official note was read, presented by the Alcade, 
being a copy of the one which he addressed to the Minister of Finance, 
requesting intelligence respecting the provisions relative to the altera- 
tion and enlargement of the old 'plan of this town, and the answer re- 
turned him by the said gentlemen Minister, *' that meeting with it in 
a judicial proceeding which was formalized with that intent, and 
which is very voluminous; as he has no amanuensis, it would be ex- 
pedient that the Ayuntamento should appoint a person to be employed 
for tbat purpose." Whereupon, it was resolved, that the gentlemen 
Alcade should again address another official note to him, reiterating 
the request. 

An otiicial note was also read from the Commander of Engi- 
neers. Don Anastacio de Arango, which he delivered to his honor the 
President, to whom he addressed it, and proposes to his discretion the 
proceeding to selU under certain conditions, lands of the royal domain; 
and it was resolved that the gentleman Alcade should answer his 
honor the President, and express due thanks to the Commander of 
Engineers for the zeal he has manifested in communicating his ideas, 
so conformable in every respect to those of the members of this Ayun- 
tamento; but they observe, that, owing to the absolute want of money, 
there will be no purchasers, unless some foreigners, and that it will 
be more expedient to await other favorable circumstances, in order to 
fulfil in part the formalities prescribed in the sovereign decree of the 
4th January last, not neglecting, in the mean time, to attend to the 
Spanish citizens, who may solicit it (I suppose the land) for purposes 
of public utility; and that, in returning the said official note to his 
hon'>r tlie President, a certified copy thereof be requested for the ar- 
chives of this Avuntamento. 



148 [Hi] 

Another official paper was also read, presented by bis honor the 
President, addressed to him by the Minister of Public Finance, toge- 
ther with a petition from the Rejidor, D. Antonio Montero, who. as 
being interested therein, retired from the Hall, when on deliberating 
upon bis petition, *♦ thai the amount for tlie ten lots of ground and one 
building lot, which were assigned to hira at public sale, should be 
passed to his credit, (for meat furnished by him,) which lots were 
appointed to be sold, in order to purchase provisions for the troops, 
and others attached to this garrison, owingto absolute want of money 
which prevails;" it was resolved, that, considering it to be one of the 
most necessary articles, and that, as expressed in his contract, he 
ought to be paid monthly in specie for the amount of meat furnished 
by him during the same, they acceded to bis request, and authorized 
the Alcade, that in due [here an expression v/anting,] and return the 
petition. 

M). 6. Act of the Cabildo, of 9th August, 1813. — At another sitting 
held in this town, on the 9th August of the same year, by the said 
gentlemen, among other things they treated on the following: "Like- 
wise, after having read an official paper presented by his honor the 
President, addressed to him by the Engineer of this place, D. Anas- 
tacio de Arango, relative to the deficiency of means in this town for 
the subsistence of the garrison and those attached to it, and what else 
the said gentlemen alleges: it was resolved, that his honor the Presi- 
dent be authorized to communicate with the Minister of National 
Finance, for the purpose of obtaining from that officer a statement of 
the arpents lately disposed of at public sale^ and of those which remain to 
he sold, pointing out the purchasers xvho may not have paid the amount 
for which the lots were adjudged to thenu and for what reason; so that 
this illustrious Ayuntamento, on understanding what the said Minis- 
ter may say, may determine as they may judge expedient and possi- 
ble, in relation to the official paper from the aforesaid Engineer, D.^ 
Anastacio de A.rango. 

JVo. 7. Act oftheCabildoofthe Q7fh ofMgust,lSl3.~^At a sitting held 
in Pensacola, on the 27th of August of the present year, the President 
and other gentlemen of the Ayuntamento being assembled, among 
other things, they treated and resolved on the following: 

" Afterwards his honor the President presented an official note from 
the Minister of Public Finance, being an answer to what the said 
gentleman passed to him according to resoluticni of the 9th instant, 
accompanied with three copies: 1st, of the actuallats in this town be- 
longing to the royal domain; 2d. another of the lots sold, and paid for to 
the 7reus7iry, from the 4th of June^ until the 2lstof Augiist, and the 
3d. another of the lots sold, with the names of those to whom they were 
soldi but the amounts of which have not yet been paid: all which having 
beei> read by me, the Secretary, it was resolved, that the Minister of 
the Treasury be authorized to recover the amounts of the lots sold and 
not paid for, agreeable to the statement No- S, without requiring 
moi'e from the purchasers than the aaionnt for which they were ad- 
judgedi without a discount of half annatees^ remittance to Spain, or 



[ 111 ] 149 

any other, because the sale was not preceded by any contlitiorj, and 
becaHsethis Ayuntannento becomes responsible for the result; all whicli 
will be communicated for his requisite information, and that, when 
he has effected a total recovery ^ he maij proceed to make out the deeds of 
sale, and give the corresponding titles to the purchasers, as well as to give 
in to the Ayuntamento a statement of the amount of all thp lots sold 
and paid for, in order that it maybe reclaimed so soon as the public 
treasury may be found with funds suiiicient to rej)ay the same. 

JV'o. 8. Jtct of the Cabiido of the Qth September, 1813. — At the town 
of Pensacola, in Cabiido, held by the Ayuntamento in ordinary sit- 
tin,^, on the 6th of September, in whicli his honor the Governor pre- 
sided, among other resolutions the following were adopted: 

" In the same manner it is resolved, tliatthis Ayuntamento, by its 
Secretary, should pass oSicial notes to his honor the Governor, and 
also to the Minister of the National Treasury, in order that the said 
officers, gentlemen, may please to inform tlie Ayuntamento if any ob- 
jection occurs to them, to their proceeding, by means of the Surveyor 
General, to lay off the squares of this town, and the lots which may 
be left vacant thereby, according to what (he arllcle S21 of the Con- 
stitution itvovides, and whatever else may be deemed expedient." 

.Vo. 9. 'Jd of the Cabiido of the 5th October, 1813.— In the town of 
Pensacola, in ordinary Cabiido of 5th of October, 1813, in which his 
honor the Governor of this province presided, the other individuals 
who composed it being present, among other things, the following 
were treated of: 

" Likewise, and equally, it was represented by the Syndic, that no 
answer appears on tSte part of the Minister of the Treasury, up to the 
present date, to the official notes, wliich, by order of the same Ayun- 
tamento, wei'e passed to him on dates of 9th and 20th of September, 
relative to the delineation of the squares of this town, and the vacant 
lots. 

That it becomes requisite to decide on this particular, owing to the 
detriment which this delay occasiotjs, by resolving that an official 
note be passed to the Surveyor General, directing him to proceed to 
lay off the said squares agreeable to law and usage; as also the lots 
which, by the said regulation, may be left vacant, and what other 
vacant lots there may be in town; specifying how many lots are com^ 
prised in the division which was destined for the building of a church, 
&c." The iiejidors and the Constitutional Alcade were unanimously 
of the opinion of tiie Syndic, and resolved that the same be carried 
into effect. 

JVo. 10. ^d of the Cabiido of the nth of October, 1813.— In the town 
of Pensacola, in ordinary Cabiido, of the 11th of October, 1813, the 
gentlemen who composed the late Ayuntamento being assembled, 
and his honor the Governor of the province presiding, among other 
things they treated and resolved on the following : 

*'Afrerwards was read by me, the Secretary, an official note, address- 
ed by the Surveyor General to me, in reply to the one 1 addressed to 
him by order of t!ie Ayuntamento, dated 6th inst. upon which it wa^ 
Gar 



150 [itl] 

resolved to proceed io the election of one of the Rejidors, (aldermen) 
to act in concert with the said surveyor, and proceed to the formation 
of the plan of this town, which, when done, ought to be presented to 
the AyuBtamento for their approbation, and that this officer proceed 
to the sale of the vacant lots, consequent on the same, for which pur- 
pose D. Francisco Gomez was elected;- — In liice manner it was re- 
solved by all the .a;entlemen of the Ayuntamento, that an official note 
should be passed to the Minister of Finance, desiring him not to op- 
jw&e any obdade to the exportation of Jloiir on account of its having 
been so determined bif the Jlyuntamento, during the time they were with- 
out means for its purchase, as injury would thereby result to the com- 
merce of the place. 

The Syndic proposed, that he protested against the resolution to 
permit the exportation of Hour, adhering to what he said in the sit- 
ting of the rth inst. on its prohibition; and that in a very few days, 
■with despatch in the sale of the vacant lots, for which the Surveyor 
General had to make out the plan, there might be funds for the pur- 
chase of provisions; besides, it would be improper; the town might be 
left without flour, as intelligence had been received that a vessel, 
bound from Orieans li) this place, had been detained by the Americans 
at Mobile point, and her cargo of provisions taken out, and he con- 
cluded by requestiiig that copies might he given him of this act, and 
of that of the 7th inst. ail which was granted." 

JVo. 11. Act of the Cabildo of I8th October, 1813. — In the town of 
Pensacola, inordinary Cabildo, on the I8th October, 1813, the gen- 
tlemen mentioned in the margin being present, and presided by his 
honor the Governor of this Province, the sitting was opened by 
reading an oiiicial uote^ which v^as addressed to his honor the Presi- 
dent by the Minister of the Treasury, in reply to those, that with 
dates of rhe6th and 20tli September, and 6th inst. which I, the Secre- 
tary, passed to him by order of the Ayuntamento; and who consents to 
the delineation of the squares and vacant lots, but is opposed to the 
delivery of the land archives; ai! according to his official note, which 
remains in these archives. Whereupon, it was resolved by the gen- 
tlemen present, that the resolution respecting the demarcation and 
sale of vacant lots should be carried into effect; and the opposition of 
the minister to the delivery of the land archives, for the reasons he 
alleges, should be represented to i\\& provincial deputation, who m2iy 
thereupon determine as they may find cx[)edient. The Syndic stated 
the actual proceediiigs in virtue of the commission conferred on him 
by the Ayuntamento (namely) to proceed, with a sutncient number of 
skilCui men, to the estimation of the lot situate between the house occu- 
pied by D. Francisco Gonzales de Fonte, and that of D. E. Ji. bierra, of 
45 feet in front and 170 feet in depth, stating by the tsaid proceeding 
that the said piece of ground has been estimated by the four apprais- 
ers named for that purpose, as appears, at f> 150, for which sum, I>. 
Diego Palmes ought to pay the redemption tax, as he agreed to do 
when the estiraatiosi might be made; they then resolved that, at the 
next Cabildo, Diego Palm.cs, as well as D. E. A. Sierra, be required 



[ml 151 

to present the yermit or permits they maij have obtained, to possess them- 
selves of the ground occupied by their houses: D. Uiego Palmes, like- 
wise, to present that which he may hold of the ground that has been 
valued; so that, with a view of the whole, the Ayuntamento may be 
able to determine with the corectness they desire. 

JYo. 12. Act of the Cabildo of the nst of October, 1813 In the 

town of Pensacola, in extraordinary Cabildo of the 2 1st October, 
1813, the gentlemen of the ex- Ayuntamento. and his honor the Gover- 
nor of the province being President, among other things the follow- 
ing were treated and resolved upon: 

* Afterwards, I, the Secretary, presented an official note from the 
Surveyor (iencral addressed to me, and accompanied with a plan of 
the division which was destined for the construction of public buildings, 
and lots becoming vacant by said plan being comprehended by the 
gentlemen of the Ayuntamento, they i»esolved, that it be approved, as 
found regular, and that the Surveyor General thereto proceed, with 
the advice of D. Francisco Gomez, to finish those which remained to 
be measured, including those which the Syndic mentioned in his state- 
ment to the Ayuntamento — the same to be sold after those of the 
aforesaid division. 

In like manner it was resolved to remit the plan to the provincial de- 
putation, that, being apprised of the determination of the Jitjuntamento 
they may please to give their due consent thereto, according to article 322 
of the constitution, so that the sale may be proceeded in, observing 
that the object of the sale is not only to procure funds for the use of 
the Ayuntamento, at present without any, and to defray the indis- 
pensable expense of building a church and public jail, but also in part 
to remedy the scarcity generally experienced in the town for want of 
provisions, of which there is no stock for the support of the garrison, 
and those attached to it; adverting, also, that the Ayuntamento has re- 
solved if the case should require it (as may 6eexpected unless speedly 
obtained) to proceed to the sale, for the said reasons of urgent necessity, 
persuaded that such a step will meet the approbation of your hon ors, 
even if the sale should take effect without your approbation, for the 
reasons stated. 

It was also resolved to pass an official paper to the Minister of the 
public Treasury, requiring the said gentleman to order the delivery 
to the Ayuntamento, by the proper person, of the judicial proceeding, 
formed relative to the town lots, with all which the sitting closed, 
which I certify; the gentlemen of the Ayuntamento and the assistant 
secretary signing with me. Matthew Gonzales Maurique — Vicente 
Ordosgoity — Martin de Madrid— Millan de Careras — Antonio Mon- 
tero Juan de la Rua — Felix Talla. 

JVo. 13. Jet of the Cabildo of 25th of October, 1813.— In the town 
of Pensacola^ in ordinary Cabildo, Ijeld on the 25th October, 1813, 
his honor the Governor presiding, and the other gentlemen of the ex- 
Ayuntamento being present, the sitting commenced by reading a 
representation from the Syndic, protesting against the resolution 
adopted in extraordinary Cabildo on the 21st inst as relates to not 
determining immediately on the sale of the lots, in order to attend to 



152 [ 111 ] ' 

the urgent necessities of the garrison (as appears by his representa- 
tion whicii remains in these archives) to which gentjemen voters 
stated, that they adhered to what had been determined in the afore- 
said sitting, and, as the Syndic was not present, they ordered lie should 
be informed of the sanie> shewing him that the resohition was by a 
majority of votes, and was not deficient in the formalities of the law, 
as he represents. 

M. ]4. Jet of the Cabildo of ZZnd J\''ovemher, 1813, in the tovn 
of Fensacoia, held on 22iid November, 1813, in which his honor the 
Cover nor was President, and the other gentlemen who composed the 
Ex-Ayuutamento were present, among other things the following 
were determined: 

"in like manner it was treated, that his honor the President should 
correspond with the Minister of National Treasury (Finance) that 
from this day forward, no vessel be permitted to load with any kind 
of provisions, so long as the blockade may continue, which the Eng- 
lish vessels of war have established from the entrance of this port 
to the Baiize, for which reason the i»!tercoursc by sea is found to be 
interrupted from this place to Mobile and New Orleans, the only 
places from whence, up to this ])eriod, we have provided ourselves 
witli provisions. The sittinghereupon closed, which 1 certify. Mat- 
the\v Gonzales Manrique, Vicente Ordosgoity, Martin de Madrid, 
Millan de Carera, Francisco Gomez, Antonio Montero, Lorenzo 
Vitrian, Felix Tala. 

Further Jid of the Cahildo of the 9.d December^ 1813. — In the town 
of Fensacola in extraordinary Cabildo, held in Pensarola on 2d 
Dece.nbei", 1813, in which his honor the Governor of the province 
was President, and the oilier gentlemen mentioned in the margin were 
presentj his lu^nor the i'resident rommenced by stating, that the cause 
of his havisig summoned an extraordinary Cabildo, was his having 
been informed that two vessels were about to leave this with flour, at 
the s.ime irine that we experience a rigorous blockade by the maritime 
forces of his Britannic Majesty, which suffers no vessel to pass that 
was fi'om New Orleans, the only place from which we receive provi- 
siiins5 lor which reason, he desired that the gentlemen of the Ayunta- 
mejuo, after having maturely reflected on the particulars, would de- 
teruiinewhat may be most expedient, in order to avoid feeling in this 
town a want of the articles ot greatest necessity; with respect to 
which, the gentlemen voters resolved, that previous to preventing the 
departure of the said vessels, it was necessary to ascertain what 
qua.'tiiies of provisions vveie in town, for which purpose it was re- 
solved to appoint two members of this Ayuntamento, whj should pro- 
ceeu to take a particuiai- account of the provisions there may be in 
the place, and having elected for that purpose D. Martin de Madrid, 
and the Syndic, by a majority of votes, they took charge of the said 
commission, to execute it as soon as possible. Afterwards it was de- 
tejiunied, that, in order to effect the relief of the garrison from such 
pressing necessity, the sale of the lots formerly destined for a church 
should be effected, under the express conditions, that the purchasers 



[ 111 ] 153 

sliould pay the amount down in cash, or at least the one half in cash, 
and the other half in provisions at the current price in this place, 
the rejldors D. Martin de Madrid, and D. Francisco Gomez being 
authorized for that purpose, according to the resolution passed in or- 
dinary Cabildo, on 29th November; and that the secretary of tlie 
Aynntamento shall give public notice of said resolution by large bills, 
specifying that the said sale will take place on the 9th inst. and the 
sitting herewith closed; all which I certify. Matthew Gonzales Mau- 
rique, Vicente Ordosgnity, Martin de Madrid, Francisco Gomez, 
Antonio Montero, Lorenzo Vitrian, Felix Tala. 

J\'o. 15. Jdof the Cabildo of Sd December ^ 1813. — In the town of 
Pensacola, in extraordinary Cabildo, held on the 3d December, 
1813, in which the Governor of the province was President, and the 
other gentlemen who composed the late Ayuntaraento (were present) 
they treated on the following. The meeting was commenced by D. 
Martin de Madrid and D. Lorenzo Vitrian, shewing the statement 
which they had been charged to make by the resohition of yesterday, 
relative to the quantity of provisions in the town, the which, accord- 
ing to the said statement, consisted of one thousand three hutidred and 
thirty Jive barrels of Jloiir; the gentlemen voters, thereupon finding 
the place sutficiently provided with the above article (renglones) per- 
mitted the departure of the two brigs which are already laden and 
have got out their papers; but order that in future all exportations of 
provisions must be prevented until further arrivals, and his honor 
the President will pass an official note for that purpose to the Minis" 
ter General of Finance; with which the session closed. I certify the 
same. 

Note. In the one thousand three hundred and thirty five barrels 
of flour, are included the two hundred and fifty three found on board 
the schooner Montserret. Piiatiiew Gonzales Maurique, Vicente 
Oidosgoity, Martin de Madrid, Francisco Gomez, Lorenzo Vitrian, 
Antonio Montero, Felix Tala. 

JVo. \6. Act of the Cabildo^ of 7th December — In the tov/n of Pen- 
sacola, in orditiary Cabildo,, held on the 7th of December, 1813, his 
honor the Governor of tlie province presiding, and the other gentle- 
men who composed the late Cabildo being present, the sitting was 
commenced by reading an official note from the Surveyor General, 
accompanied by a draught of the plan projected for the regulation 
and making of the two squares of this town, designating the lots for 
public buildings, and also those for sale between the two squares, form- 
ed ill virtue of the resolution of this Ayuntamento, and said plan 
being examined and approved of by the gentlemen voters, it was re- 
solved, that it be returned to the Surveyor for the purposes expe- 
dieti!, &c. 

JV'o. 17. Jet of the CabildOf of QSdofJanuarij, 1814. — In the town of 
Pensacola, in extraordinary Cabildo, held on 23d January, 1814, 
tho Governor of the province being president, and the other gentle- 
men who composed the late Ayuntamento being present, the ses- 
sion was commenced by his honor the President representing, that 
the deplorable and calamitous circumstances which prevail in this 



154 [ ill ] 

town for the supplies wherewith to furnish meat for some days to 
the gat risors, wiiich is on the point of perishing, puts him under the 
disagreeable necessity of asking of this Ayuntamento for an indis- 
pensable loan, fi'om among the neighbouring inhabitants, of 200 head 
of cattle, in order to provide for such urgent necessity; reijuesting 
that a testimony of this act may be given him. After a long confer- 
ence by the gentlemen of t!:e council on the subject, knowing the 
critical situation in which the inhabitants are placed, and the impos- 
sibility of obtaining tiic said loan, because for many years they have 
been supplying the otlicers of this garrison, and the functionaries on 
their paper to great amounts, which they have no hopes to receive, 
and that, besides, they have contributed what they have been able to- 
wards the relief of the troops, whenever occasion has occured, it 
was therefore resolved, unanimously. Miat to-morrow the rejidor, D. 
Martin de Madrid, and the inhabits. «ts, D. Francisco Gomez, and 
D. Lorenzo Vitrian, charged with the sale of the lots, should proceed 
to the recovery of the amounts due for the same, with which the said 
gentlemen believe they will be able to |)urchase £00 head of cattle re- 
quired. Ordered that I, the Secretary, give the testimony to the Pre- 
sident, as he has rerjuested. 

Afterwards, the coun( il requested that his honor the President, 
would please to pass another official note to the Minister of the Na- 
tional Finance, in order that he present to the public a statement of the 
funds which have entered into the coffers during the time of his ad- 
ministration, with the application of them, and also that all tije cre- 
dits pending in favor of the Treasury be liquidated and recovered; 
with which this act was concluded. J certify the same. Matthew 
Gonzales Maurique, Jaime Fontenals, Milan de Carera, Pedro Sans, 
for the Rejidor, D. Jose Tapiola. and myself, Joseph Maria de Pena. 

JVo. 18. Ofjidal note from the Commander of Engineers, of the Q,3d 
Jpril, 1813. — Having fully considered your official note of the 17th 
in reply to that of 2d instant, containing a copy for me of that which 
with date of 14th was passed to your honor by theintendant, ad inte- 
rim, as also including a copy for me of the inventory of the articles 
of utility in the stores; counting on those, and considering the scar- 
city of money to procure the appointments in tools, 6tc. which I have 
asked for and believed necessary, I will disclose to your honor, that, 
supposing it impossible to complete the quantities and kinds demand- 
edj and that the intendant intends to procure the mending and helv- 
ing of such as are not fit for use, it is indispensable, that, instead of 
the number of iiand barrows, dirt boxes, buckets &c. which i have 
conceived necessary, we afford wjiat our necessities permit us; and 
await till he gives me the corresponding notice, to pass to inspect 
and distribute in proportion to the number of the said articles of utili- 
ty, which may be got ready, adding 100 rammers and 50 grass ropes, 
of the small bundles sold by the Indians. I particularly recommend 
the axes to be fixed at the post of Barrancas. Next in consideration, 
as to the want of means to relieve our urgent necessities, and to attend 
to the defence of this province, I ought to propose to your honor the 
discretionary powers within my province, which cannot be otherwise 



[Ill] 155 

than great in a country of a sma]l population, composed cliiefl}' of 
military and functionaries, and, for the same reason, without indus- 
try sufficient to afford the requisite helps, nor could the powers I am 
going to point out, be of any otijer description, convinced as I am, of 
the prudesice with which the intelligence of your honor has proceeded 
in the use of the means which tliis small and poor settlement is cap- 
able of affording. 1 said gveat, because it is that o? proceeding to the 
sale of lands; a discretionary power that is sufficient to provide someas- 
sistance. 1 well recollect the many difficulties alieged as objections oh 
another occasion to the same idea; the principal being the length of 
time which would be consumed in the measurement, valuation, pub- 
lishing, and other formalities required. It was not then a suitable re- 
medy for the necessity we were in for provisions, because there was 
then a judicial proceeding on the particular, which, being fully con- 
sidered by his Excellency the Captain General, he, notwithstanding 
the desire evinced by him to encourage the inhabitants of this Pro- 
vince in its improvements, had notdardiito determine tiie matter, but 
passed back the said judicial proceeding, that it miglit be addressed 
from this place to the supreme government, without the decision of 
which there was no authority to proceed in an affair full of obstacles. 
Necessity was always the most itigenious tutor, and will overcome 
inconveniences; our evils are grievous, and therefore we ought to em- 
ploy uncommon remedies; there is no rule without exceptions, and I 
believe that our case is one of the most privileged ones. May 
we not then provide in time against necessities so urgent and super- 
eminent, when we can count on no other means of assistance tijan the 
very precarious ories from Havana ? The wise and supreme Govern- 
ment cannot take amiss a proceeding impelled by imperious necessity, 
and directed to sustain its decorum, with the palpable results of pri- 
vileged utility, if we succeed in preserving these sandy places to the 
nation by having remedied, as far as the proceeds of the proposed sale 
will go, the scarcity which threatens us, and given the indispensable 
motion to the industry of which the country is susceptible; for the 
not granting property in lands is the same as to banish agriculturef and 
with it all the means of subsistence. I conclude by stating to your ho- 
nor that if the idea proposed should not be expedient, it is at least 
dictated with the most sincere desire for the good of the country. 
God preserve your honor many years. Pensacola, 23d April, IS 13, 
Anastacio de Arango. to his honor Don Mauricio de Zuniga. 

No. 19. Official Note from the Engineer, D. Jlnastacio de Arango, of 
the Q5th May, 1813. — In an official note of 23d of April last, 1 pro- 
posed to your Honor's predecessor the discretionary power of proceed- 
ing to the sale of lands, in order to remedy the urgent necessities of 
this garrison — such as have not occurred in the course of 32 years, 
owing to an unfortunate concatenation, the consequences of which 
affect us at present, by a want of the means requisite in a country 
without industi-y. I have been induced to repeat the same idea by a 
continuation of the want ef means, not only to supply what is requi- 



156 [ 111 ] 

site in my branch, but, also, to remedy others more urgent, at a time 
when the inhabitants arc very near losing all hopes of the arrival of 
funds to satisfy the pending credits. Convinced of the validity of the 
reasons I before stated, and convinced on the other hand of the slow 
progress that would undoubtedly attend the affair to its conclusion, 
I believe, as I yet believe, that greater injury would result to tlie 
nation from the delay than an hastening-,(if it may be so called ) of 
the mentioned sale. I therefore proposed it, waiving even the con- 
sideration that above all things ought to be attended to, as its princi- 
pal support, namely, the imperious necessity which impelled ni> pro- 
position. But, happily, in this most important affair of public felicity, 
our wise and supreme Congress has given a convenient motion to the 
state of inaction in which we were placed with respect to tht distri- 
bution of lands by the Decree wlnicb his Majesty has held proper to 
despatch on the mattei', on the 4th of January, of the present year. 
The Qth and 7th articles of the said benign decree, joined to the absolute 
want of means to attend to the defence of the country, appear to me 
very poweiful motives to proceed to the sale pointed out, without that 
delay wiiich our necessities do not admit of; this being the only re- 
source left us, and that with wliich the lost credit of the National 
Treasury may be in some measure restored: and as there is not a po- 
pulation in this province capable of employing even the third part of 
the lands there are to distribute, there will be a surplusage for the re- 
serve providedfor in the 6th article. The active credits in favor of sun- 
dry inhabitants against the National Treasury for sundry provisions 
furnished to maintaiti the garrison, will be discharged, as, also, the 
just claiuj which this and other functionaries have for the last 37 
months, during which,, they have not received their v,'ages. God pre- 
serve your Honor many years, Pensacola, 25th May. 1813. Anas- 
tacio de Arango to his honor D. M. Gonzales Manrique. 

JVb. 20. Official note from the Commander of Engineers, D. Anastatio 
de Jlrango, of 3d August, 1813. — The war declared by various tribes 
of Indians against the United States will most likely deprive this 
settlement of the auxiliary means of subsistence which they receive 
(particularly in winter) by the carts which descend from the Ameri- 
can establishments of Tensaw^ and Alabama, because the crops will 
be much reduced by their being abandoned by the labourers, and part- 
ly destroyed by the Indians; for these reasons, together with the im- 
possibility, from fear of the said Indians, of performing the long jour- 
neys which those carts ha.ve to make, the least of which is 32 leagues 
through a wilderness, the auxiliary means mentioned cannot be ex- 
pected. To remedy this inconvenience, it becomes necessary to pro- 
ceed immediately to collect a sufficient quantity of provisions for win- 
ter; the season ofgreatest scarcity likewise in Orleans, the only point 
from whence we could be able to obtain any, and in which place they 
must likewise feel tbeeffectsof the aforesaid war; and your Honor be- 
ing without the means, and the National Treasury having lost its cre- 
dit, there remains to your Honor no other resource than to call the 
attention of his Excellency the Captain General to the impossibility 
of providing, in this place, the necessary sustenance for the garrison, 



rill] 157 

so that his Excellency may have time to makethe necessary arrange- 
ments to fulfil so necessary an object, while he-ought tokeep in view 
the very fatal consequences which must ensue from not employing the 
anticipated measures which the case requires, as, likewise, that the 
quantities of some articles of provisions cannot be fixed, owing to the 
uncertain consumption occasioned by the Indians, to whom it is ne- 
cessary to give something, that the evils of our situation may not be ag- 
gravated by a forfeiture of their good wilt towards us. One alterna- 
tive only, occurs to me, that is, that your Honor apply to the Con- 
stitutional Ayuntamentojthat, as they have before done, they may as- 
sist with their advice and patriotism to secure the supply for the 
town, and relief of the garrison. The gentlemen of that illustrious 
Cabildo, in the scarcity experienced in February of the present year, 
entertained the benevolent and generous idea of mortgaging their own 
property to a certain amount, for which, one of the council was to ne- 
gotiate for provisions in N. Orleans, insuring the amount of the same 
(which was to be paid on the several times agreed upon) by the property 
mortgaged, and the losses which, from risques of the sea, enemies, or 
any other cause, might be therein sustained, to be on account of said 
gentlemen. The said provisions to be given to the town and Nation- 
al Treasury at the cost prices? and though this generous resolution 
did not take effect, we ought to believe it was on account of the scarci- 
ty of provisions felt at that period in Orleans, and perhaps they would 
be able at this time to realize it. adding, for the greater security of the 
contract, an estimate, and express mortgage of the national lands, 
and sales that may be made thereof, and which theluminous and well 
tried patriotism of the Cabildo, render easy to effect, in order to suc- 
ceed in the project dictated by the most commendable disinterestedr 
ness of the gentlemen of the Ay untamento. God preserve your Ho- 
nor many years. Pensacola, 3d August 1813. Anastacio de Arango, 
to his Honor D. Mathew Gonzales Maurique. 

JSI3. 21. Official note from the Minister of Finance, Don Antonio Ca- 
banis, of the llth October, 1813. — The Secretary of the constitutional 
Ayuntamento of this place, Don Juan de la Rua, passed an official 
note to me, dated 6th September last, giving me notice of the deter- 
mination of the Cabildo, in a resolution of tlie same day. to proceed, 
as provided by our civil constitution, by the Surveyor General of the 
province, to lay off the squares Constitution and of Ferdinand VII, 
as also the vacant lots, communicated to me, in order that I should 
state if any objection occurred to me to its being carried into effect. And 
it appearing to me to be an affair requiring consideration, 1 deferred 
the answer, in order to acquire the necessary information, and be fully 
competent thereto. In another official note of the 6th instant, the 
said Secretary requires of me, by a resolution of the same Ayunta- 
mento, the answers to two other official notes, which he says he passed 
to nfje on the 9th and 20th of the said month of September, in which 
it appears there was some mistake, as is sufficiently clear from the 
tenor of the answer which I gave him on the same day, 6th, becaus 
the official note of the 9th, is that which I have first mentioned, and 
Hh 



158 C ^i^ ] 

that of the 20th did not come to hand until after the demand, when 
he deiivered me the duj)Iicate in which the same subject is included, 
adfiin.s^ that the Ayuiitamento desires that I pi'oceod to the delivery 
of the land archives, the adjudication of which has been heretofore in 
charge of the Intendaucy, because it is said that this business apper- 
tains to that body. 

As to what relates to the first point, respecting the regulation of 
the two squares and vacant lots, treated of in the first oHJcial paper, 
no difficulty whatever pirsents itself to me, and I have so stated to the 
Surveyor General, Don V. S. Pintado, in answer to his official note 
of the 7th inst. in which he inserts another, which v- as passed to hini 
hy the aforesaid Secretary, on the same subject. 

Groundir-g my decision on the law of the 10th of January last, 
whicli yuur lordship was pleased to send me with that of the 8lh Msiy 
following, your honor, and the gentlemen of the Ayuntamento, will be 
intV-rmed, by the copy I annex, of my good intentions to contribute to 
the object of tlicir deiiherations, whicli 1 conceive to be no otijer than 
thatoi attending to tise preservation of this province, so destitute of 
resources and succors- With respect to tlie second point which is 
reduced to the delivery of tiie land archives, I have been in the same 
belief that i ought to do it, but, on reading the said law of 4th Janu- 
ary; several times over, I find a difficulty presents itself, as nothing 
is ditermined in it particularly respecting xvhat shall be delivci'ed| 
and referring to what is provided in the three first articles, i observe 
thar the fourih says, " The provincial deputations will propose to the 
Cori.es by ineans of the regency,, the times and the terms in which if may 
be -^/i't'jsle to carry this arravgementinto rffcct^ in their respective pro- 
vinces, according to the circumstances of the country; and' the lots that 
it ara.} be necessary to reserve to the municipalities, so that the Cortes 
ma If delerniinz what may be most expedient for each territory,'' and un- 
less the resolution of the Cortes be dropped, it appears to me that it 
would be to anticipate provincial decrees, which, in such a case, would 
occasion many errors, which, afterwards, would be hard to remedy. 

Besiiies which, I ought to state to your honor, that the greater part 
of the books and judicial documents, or rather almost all, are vouch- 
ers of the accounts of funds, not only during the time that the In- 
tendancy has subsisted in this piace, since the early part of the year 
1806, but also what was found tn the province of Louisiana; and it 
was charged with the adjudication of land claims in the year ]799; so 
that to part with the said documents (indispensably requisite to prove 
the respective settlements of the accounts, would be to deprive all 
those responsible of the power to produce the vouchers of their dis- 
charge, and much more should I be committed in having been the 
occasion of so notable a defect. Notwithstanding, after my having 
received the aforesaid law, I cannot, neither ought 1, to have any con- 
trol over the grants and sales of lands, which before were appendant 
to the Intendancy, and at present appertain to the Ayuntamento, it 
appears to me, that, in any case which may occur, that body may 
apply to the Surveyor General. Don V. Pintado, in whose office may 



[ill] 159 

be found (or obtained) all the information necessary, and, in case of 
doubt, they may have recourse to the proprietors and owners of houses, 
lots, and lauds because eacii one of them ought to have his title executed 
in due form- All which I comanmicate to youi- honor, for ihe in- 
formation of the genllemen of the Ayuntamer«to, of which your honor 
is President, and in reply to the aforementioned oiiicial notes from the 
Secretary thereof. 

Cehtificate By Don Carlos Reggio, Lieutenant of Louisiana 

re.sjimeut of infantry, and Secretary of the Government of West 
Florida. 

I certify, that the copies of the acts which precede, numbered 1 to 
17, are taken from the books of the Ayuntaraento, which were for- 
merly in this place, and which remain deposited in this office of Se- 
cretaryship, under my charge, and that they are conformable to the 
originals: as also as'C those of the four official notes under Nos. 18, 
19, 20, 21, liiiewise found in said otMce, and that the same may be 
evident, pursuant to the deci'ee which precedes, I give the present in 
Pensacola, on tlie 10th of September, of 1816. (Signed) Reggio. 

Here follow the copies of the official papers found in the office of 
General Surveyorship of this province: 

JVo. 1. Official note from the Jiijnntamento of the 6th October, \Sl3f 
to the Surveyor General. — In a sitting held by this constitutional 
Ayuntamento on the 5th instant, his honor tlie Governor being Pre- 
sident, it was resolved to write you officially, that you proceed, as Sur- 
veyor General of this province, to lay off the squares of this town, 
according to usage and law, as likewise the lots which, by the ar- 
rangesaent of these, may be found vacant, together with the other 
lots of the town, and specify the number of lots contained in the place 
formerly destined for a church, kc. By order of the said body, I 
commujiicatcd the same to you for your intelligence. God preserve 
you many years. Pensacola, October, 6th, 18 13. Juan de la Rua 
to D. V. S. Pintado. 

JS^o. 2. The same transcribed to the principal Minister of Finance^ by 
the Surveyor General, on 7th October, 1813. — With date of yesterday, 
the Secretary of the Constitutional Ayuntamento, informs me as fol- 
lows: In a sitting, &c. The which I communicate to you, that you 
may please to inform me what you think of the matter, or what I 
ought to do. God preserve you many years. Pensacola, 7th Octo- 
ber, 1813 V. S. Pintado. To Don Antonio Cabanas. 

JS^o. 3. Answer of the principal Minister to the Surveyor General, 
same day, 7th of Oetober, 1813 — Having fully informed myself with 
respect to the subject of your official note of to-day, in which you 
transcribed for me one which, with date of yesterday, was passed to 
you by the Secretary of the Constitutional Ayuntamento of this place, 
Don Juan de la Rua, stating the resolution passed in sitting of the 
5th inst. that you proceed, as Surveyor General of the province, to 
lay off tiie squares of tiie town according to usage and lav\> as also 
the vacant lots and others in the town, and specify the number of lots 



160 [IM] 

contained in the sectional division (Manzana) which was destined for 
the building of a church, &c. I ought to infoim you, in compliance 
with your request, that, by the law of 4th January Inst, ordered to be 
printed, published, and circulated, and complied with, which was de- 
creed by the Supreme Council of Regency, on the 7th of the same 
month, it is ordered, that the unappropriated lands be converted into 
private property, and the cn^nici,ance and distribution oj the same he com- 
mitted to the ConstituHonal Jiyuntamento> subject to the provincial depu- 
tations^ for which reason I can have no objection to your compliance 
with the desires of the Ayuntamento, especially as this body isinvested 
with the legitimate authority, aiid are directing their views to the 
public good, and to attend to the urgent necessities of this province, 
destitute of means for its preservation. I thus conclude my answer 
to your official communication; but ought to observe that you will 
have to agree with the said Ayuntamento for the gratification corres- 
ponding to your extra services. God preserve you many years. Pen- 
sacola, 7th October, 1813. (Signed) Antonio Cabanas. To Don Y. 
S. Pintado. 

JVo. 4. Official note of the Surveyor General oJ l\th October, 1813, 
By your otiicial communication of the 6th inst. you was pleased to 
communicate to me. by order of the Ayuntamento of this district, of 
which you are Secretary, that, in their sitting of the preceding day, 
it was determined by said Ayuntamento, presided by the Governor of 
the province, to direct me, as Surveyor General, to proceed to the 
survey of the squares of this town, confoi'mable to law and usage, as 
also of the lots and other property, which, agreeable to the plan, may 
be vacantj and to specify, at the same time, how many lots are con- 
tained in the area destined for the construction of a church I tran- 
scribed the said official communication to the principal Minister of Fi- 
nance, and the same day said officer replied to me according to the 
tenor of the accompanying copy, marked No. 1; in consequence of 
which, I now proceed to answer you in the order of the subject-mat- 
ter of which your communication of the said decision treats. "For 
the laying oft' or demarcation of the squares of this town, and ascer- 
taining the number of lots which may prove to be vacant after tlie 
regulation which is solicited, it would be necessary to knowifoneis 
to be left at each extremity, of equal extent, for symmetryj as the lay- 
ing ofif the same is to be agreeable to law, whether it be understood 
hy this expression what is prescribed in law 9, title 7, hook 4, of the 
Digest of the Indies: in this case, which of the dimensions, which the 
said law directs, would be suitable for the square or squares of tliis 
town? It would then become necessary to form a diagram, represent- 
ing the actual extent of the ground, and situation of the houses, build- 
ings, and lots, of the national domain, or of pi'ivate property, within 
its present area: the form and figure which is wished to be given to 
the same by the proposed arrangement, &c. in order that it be laid 
before the Ayuntamento for their determination, alteration, or what- 
ever tliey may decree the most expedient, and conformable to right, 
agreeable to the tenor of the law of the Ath January f cited by the 



^ 



[Ill] 161 

Minister; makin,^ to me, in anticipation, such other observations and 
advertencies as the Ayuntamento may judge conducive to the fulfil- 
ment of theii' desires, and for avoidins^ embarrassments which para- 
lyze the operations. It would not appear to me superfluous that one 
of the Aldermen should be appointed to have an understanding with 
me as to the details of the schcnje. in order not coutinually to be mo- 
lesting the attention of t!se Ayuntamento. If by the o^Aer lots of the 
town, is understood those wiiich stiil remain to be distributed, the 
accompanyiiig note No. 2, of the information which I gave to the 
principal Minister of Finance, on the ]3th of JpriL last, as well of 
the town lots as those of tlie suburbs, then vacant, which were subse- 
quently put up at public sale, will serve for their intelligence. As to 
the number of lots sold, the said Minister can give better information, 
as I have not yet an exact statement of the same, I have to advert 
that in my official letter which accompanied the said report, I stated 
that the lots situated to the north of the yard of the barracks, and 
bounded by the same, which the late deceased Lieut. Col. D. Jose 
Noriega possessed and claimed, and which, by the new plan and ar- 
rangement of this town, was designated by J\1). 352, and ordered to 
be struck from the plan, as belonging to the state, as stated in the official 
letter of the late Governor of the province, J). V. Folch y Juan, of the 
30th of August, 1809, in confornsity with which the said number was 
affixed to another lot, which was added to the town. 1 also informed 
him that a judicial proceeding was pending, relative to a piece of 
ground of a triangular form, which was to be added to the lots of Bel- 
trane Suchet and Thomas Villeseca, in the eastern extremity of the 
square, in order to correct a deformity, on their paying the price of 
its appraisement. The place which was dsstinedfor the building of the 
church, <^c. is the division 24, situated between Intendencia, Romana, 
Del Bru, and Maresa streets, and contains 12 lots, of which by the 
new map and general plan, which was formed of the town, 72 feet 
front, with the correspouding depth, were destined for the house of the 
King's Storekeeper, I). Francisco Gonzales de Jonte, after which 
there is another with some houses, which are said to be B. E. Sierra^ s^ 
for which lot 1 know no other title than that of the possession for some 
years. All which you will be pleased to lay before the illustrious 
Ayuntamento, in reply to your official communication. God preserve 
you many years. Pensacola, 11th of October, 1813. (Signed) D. 
V. S. Pintado. Addressed to D. Juan de la Rua. 

JVo. 5. Reply of the Jyimtamento to the Surveyor General, made on 
the same day, Llth October, 1813. — The members of the Constitutional 
Ayuntamento of this town, having been made acquainted with the 
official letter, which you was pleased this day to address to me, deter- 
mined on naming D. Francisco Gomez, Alderman of the said Ayun- 
tamento, in order that in concert with the said gentlemen, you may 
proceed to the formation of the plan of this town, the extent of its 
square, or squares, and the symmetry which ought to be observed As 
soon as it is iinished, you will please to present it to the Ayuntamento 
for their approbation, and carrying the same into effect, or amending 



162 [111] 

it if tbey deem it expedient. Got! preserve you may years. Pensa- 
cola, nth October, 1813. Juan de la Riia. To D. V. S. Pintado. 

JVo. 6. Official Note- of the Surveyor General to the Mipintammito, daied 
S-Oth October. 1813, — Pursuant to a decree of the Constitutional Ay- 
Hntamento of this district, in the sitting of the 11th inst. which you 
communicated to meander the same date, I wait on you with a di'grom 
for the repartition into twelve lots of the division JM''o. 24, which was 
destined for a chnrcht in consequence of tiie Alderman D. F Gomez 
(authorized for a,^reeing upon the details of the operation referred to 
in said decree of the 11th) havin^^ ordered to coaimcnce tiie sanii' by 
said division, for tise jjurpose of disposing immediately of the vahia- 
ble lots thereof, and of four parcels of ground which become vacant bif 
the reduction of Tarragona street to the width of only sixty feet, as you 
will see by the plan, by reason of the extreme distress which threat- 
ens us, and while what relates to the squares, their arraiig'ement. at'd 
subdivision of the excess that can be pioperly combined and laid off, 
as has been ordered, as all the tiecessary exj)lanation for the clear 
understanding of the same is subjoined in a note to the said plan. I 
omit a repetition here, and have only to observe to you, that a dupli- 
cate of the whole remains in this office for the purpose that may be 
expedient. You will be pleased to present the said plan to the illus- 
trious Ayuntamiento, in order that, on the inspection of the same, 
they may resolve what they may consider most suitable, and to ad- 
vise me of what they m-ay be pleased to alter or modify. If the 
draught or diagram sliould be approved and ordered to be adopted, 
you will have the goodness to inform me thereof, and to enclose a co- 
py of their decision, in order that it may appear, in evidence, in due 
form, in the archives under my chai-ge, adverting that the whole is 
marked on the ground exactly as it is represented in the plan : in the 
event, therefore, of its being approved, there wiii be notidng furtlier 
to be done on my side in the matter. Gnd preserve you many years. 
Pensacoia, 20th October, 1813. (Signed) V. S. Pintado, addres:,ed 
to D. Juan de la Rua. 

A^o. 7. Reply to the same, made on the QSth of said month, 1813 — • 
In an extraordinary council held by the Constitutional Ayuntamieuio 
of this town, at their sitting on the 21st of the current month, the 
official letter which you was pleased to address to me having been 
read, and the plan presented for their approbation, the members of 
the Ayuntamiento, with a full knowledge of the whole, resolved vhat 
it was perfectly regular, and met their approbation : they fui'ther di- 
rected, that you should proceed, in concert with Don Francisco Go- 
mez, until the conclusion of what remained to be measured, includin^g 
the lots which the Syndic stated (agreeable to the accompanying list) 
would be disposed of in continuation of those of the square. God 
preserve you many years. Pensacoia, 25th October, 1813. (Sign- 
ed) Juan de la Rua, Secretary, addressed to Don V. S. Pintado. 

JV*o. 8. Official letter of the Surveyor General to the Ayuntamiento , 
Qd December, 1813. — I w^ait on your honorable body with a draft of 
the plan for the regulating and delineation of the two squares of this 



[Ill] 163 

town, designation of tlie lots for public buildiniGjs, and of those which 
may become saleable between the two squares, iormed in concert, and 
with tiie intervention of the Rcgidos', lion Francisco Gomez, pursu- 
ant to the orders of youi* honorable body in the sittings of the 5th and 
21st and 11th of October last. As soon as the said draught (or 
sciieine) shall have been examined, and your honors may be pleased 
to direct its adoption, or any alterations or modifications which you 
may deem expedient, you will please to return it to me with coi res- 
ponding annotations, for the purpose of carrying into effect what may 
(be) detei'tnined on in making the copy which would remaiii in my 
keeping. God preserve your honors many years. Pensacola. 2d 
December, 1813. (Signed) Y. S. Pintado. Addressed to the illustri- 
ous Ayuntamiento of this place. 

JS'^o. 9. O^cial letter of the ./Alcalde D. Jayme Fontenals of the 9Ast 
of ^■priU 1813 — In the Council of the 18th inst. among oUier things 
it was resolved that an official letter should be passed to you request- 
ing you to furnish Lieut. D. Bernado Frieto, Volunteer Engineer, ia 
charge of the department, with a copy of the new plan, or to favor 
him with the diagram fw the purpose of copying it, informing him of 
every thing which it embraces, agreeable to the solicitation of the 
said engineer, through the medium of the Governor of this Province. 
Pursuant thereto, 1 communicate the same to you for your informa- 
tion, and that you may please to carry it into effect. God preserve 
you many years. Pensacola. fJst April, 1814. (Signed) Jayme 
Fontenals; addressed to D. V. S. Pintado. 

J\''o. 10. EeUy of the Surveyor General, made on the 9,2d of Jlprilf 
1814. — In a reply to your official letter of yesterday. I have to state, 
that 1 have no objection to fursiish the plan requested by the Volun- 
teer Engineer, D. Bernado Prieto, in order that he may copy it, and 
infoi-m himself of exevy thing which it embraces, under the express 
condition that it shall be returned to me as early as possible, as it be- 
longs to this oiiice, where it is daily wanted, seeing that is the only 
document wliereb}' the situation and figure are known of the lots sold 
or ordered to be sold by tliis Ayuntamiento, between the squares of 
the Constitution and Ferdinand 7th, and evidence of the approbation 
and other requisites. You will please to name the person who is to 
receive it fi'om aie, in order that, at the time of its delivery, he may 
furnish me with the corresponding voucher. God preserve you many 
years Pensacola, 22d April, 1814. (Signed) V. S. Pintado; ad- 
dressed to D Jayme Fontenals. 

JS"o. 1 1 . Official note of the Governor ad Interim B. Jose de Soto^ to the 
■Surveyor Gtneral, dated \9th Jiugust, 1815 — Please to furnish me, as 
soon as possible, with a duplicate copy of the plan of this town which 
was made by y<m- in corisequence of the new figure which was given 
to it by the Ex-Ayuntamiento /or the subdivision into lots of what was 
the miiiiary square, and the other ground plats, destined for the church 
and railitary buildings. God preserve you many years. Pensacola, 
19th August, 1815. (Signed) ,Iose de Soto; addressed to Don V. S. 
Pinta<!(». 

Cerfj^coie.— Don Vicente Sebastian Pintado, Captain of Infant- 



164 [111] 

ry, and his Majesty's Surveyor General of West Florida; I certify 
that the preceding Jiiimbeied from one to eleven, are cofiformable to 
the orlginaJs which are in this otiice under my charge, to which i re- 
er, and in roraijliance with the preceding; decree, I give the present, in 
the town of i'ensacola, this IStliday of the month of September, 1816. 
(Signed) y. S. Pintado. 



Projected plan for the distribution into lots of division 24, ofthetown 
of Pensacoldy which was destined for the building of the church and 
other public ereciionst agreeable to the resolution and decision of the 
constitutional Ayuntaiuientoof thisdistiict, in their sittings of the 5tli 
and 1 tth inst. and with t!ie consent of tlie principal minister of public 
finance, in his official note of the 7th instant, which plan (or scheme) 
was formed, in concert with the advice of the Rejidor, D. Francisco 
Gomez, who assisted in the operations, being autiiorized, by the said 
Ayuntamiento, in their sitting of the llth, for this purj)ose, commu- 
nicated to me through the secretary, at the request of the aforemen- 
tioned Rcjldor, who directed the commencement of same before the 
regulation of the squares, and that a separate diagram of its subdivi- 
sions for tiie purpose of effectitig the sale of t!>e lots, in consequence 
of the urgent necessity, this being the spirit of their deliberation, 
though not expressed in their official letter of the llth, in which the 

'; secretary communicated to me the resolution in their sitting of the 

j said day. 

\, Explanations and adverte^ides.—TUe division 24, separated into 

two parts by Tarragona street, which is pi'olonged for the present, 
and these two parts were united, the one including Mancesa-street as 
far as divisio!;i 23. the other including 15ru-street as far as division 
25, in consequence of whicli it will be necessary to affix the number 
24 to another division of a new location, in order not to interrupt the 
series of the numeration of tiie divisions. The said two parts of the 
division 24 are represented in red on the plan, and contain the twelve 
lots designated by the numbers S53 until 367 inclusive, of which num- 
ber 353 IS where the house occupied by Don Francisco Joule is situated, 
and 357 has some smull housfs of Don E. Jl. Sierra. The reason of 
passing from 353 to 357 is because the first was given to the lot un- 
der this number, in the arrangement which was made by the Govern- 
ment and Intendancy in 1808. and the 357 is that which follows in a 
regular series, after tlie last number of the lots which were before lo- 
cated in the town, which amounted to 356^ the twelve lots of which 
division 24 was composed are all rectangular, and their dimensions 
are marked in the plan in feet and inches of London, the measure in 
use in this town, and the dotted lines denote the fences actually ex- 
isting. Tarragona-street, which was of an enormous width, was re- 
duced to 60 feet, as the Rejidor represented the same: in consequence 
thereof, the fotir parcels, A, B, C, D, between the said street and 
lots numbers 278, 279, 293, 294, become vacant, the dimensions of 
which are also noted, and what the Rejidor stated, that they might be 
adjudicated to each of the owners of the said four lots on which the 



lloiiiaiia 



Strt-et 



u 



363 357 



Intenrleaic 



iGotierno 



A B 



Snuan of Ferdinand 7 : 



Zavaqoza 



Recova Street 



^3 



B 


2 7i 


M 




c 


■ 





Clmrcli 





^ 


^ 




Sti 


■ 9 


11 


13 


15 


17 


19 


-10 - 
IS 


- \Z 
7\ 


14 


16 18 


20 


Ej^ 




Street 







L. 






\ " / 




? \ 


3 


r 


G 


i 






1 



Tivoli Street 



Reding 



^ 



£ I 




yoU ■ ;.i- « lot ifranUd to M^ Pi'ntndc 
ax d,-r,rii^d in (crti/'n-atc C Rrport JO 



[ 111 ] 165 

portions in question bound, for their appraised price, in order to con- 
ciliate the regulation of the street with the genejal and individual in- 
terest of the proprietors of the aforementioned four lots, whose names 
are also expresst^d in the plan. Pensacola, 20th October, 1813. 
(Signed) V. S. Pintado. Francisco Gomez. The present is a copy of 
the one delivered to the Ayuntamiento. (Signed) V. S. Pintado, Fran- 
cisco Gomez. 

Certijicute. — Vicente Sebastian Pintado. Captain of Infantry, and 
his Majesty's Surveyor General of West Florida. I certify that the 
present plan, witli the antecedent title and explanation, is a litisrBl 
copy from t!ie original, which is in the archives under my charge, to 
wiiich I refer, and pui'suant to a decree of the 4th instant, I give the 
present, in Pensacola, 18th September, 1817. (Signed) V. S. Pintado. 

Plan 2. — -Diaught of the new plan for regulating the two squares 
in tiie town of Pensacola, at the eastern and western extremities of 
the present onej determination of the extent of each, and the position 
and dimensions of tlse ground plots destined for the building of a 
ciiurcli, and other public edifices, correction, regulation, and d<'marca- 
cation of the latter at present, or previousjy existing and of those be- 
longing to individuals. Subdivision of the excedent ground for saleable 
lots, representation of the public buildings according to their actual 
situations, &r. formed and delineated by D. V. S. Pintado, Captain of 
Infantry and Surveyor General of W. Florida, pursuant to an act 
and resolution of the illustrious Ayuntamento of this district, in their 
sittings of the 5th. lltb. and 21st of October last with the concur- 
rence of trie piincipal minister of finance, in his official letter of the 
7th of the said month, and in conformity with the directions of Don 
Francisco Gomez, specially authorized in their sitting of the 11th, 
to agree with the said Surveyor in the details of the plan. 

Explanations and advertencies- — To the western square, formerly 
called that of Ferdinand 7th, has been affixed the name of the square 
of the Constitution, conformably to order of the general and extra- 
ordinary Cortes of 1812, and to the eastern square, formerly called 
Seville Square, has been given the name of Ferdinand the 7th. The 
dimensions of the squares and lots projected and laid off, and of 
those which are actually fenced, are noted in the plan in feet and 
inches of London, the former with black cyphers, and the latter with 
red; the black lines between the two squares denote the demarcation 
projected, and the red represent the actual figure and situation of the 
lots and fences as they at present stand; the cyphers within the dot- 
ted black lines, denote the width which is left to the squares and 
streets, and the red cyphers within the led dotted lines represent the 
measurements made to ascertain the situation of the existing lots and 
buildings, and for the purpose of showing their situation on the plan. 
The block houses and other old buildings belonging to the national 
domain, which remain in the squares, and in the new street, and 
which now serve for magazines and barracks, as. also, the guard 
house (a) in ruins wliicii remains in Commandencia street will 
hereafter have to be demolished, when it mav become necessary to 
li 



166 [Hi] 

build others, and, also, the house (b) in ruins, which remains in Church 
street, and which, with the lot to the north of the barracks {K,) is 
claimed by the heirs of the deceased Lieut. Col. Jose deNorriega. The 
present military kitchen (c,) the present church, (d,) and the house 
in ruins (c). 

Eeferences. — {^) lot for the church (^) idem for the consistory and 
principal corps de guard, {B) idem for the public gaol, (C) idem for 
the custom house and revenue office, {!)) the intended reduced area of 
the ground on which the government houses stand, and the garden, 
the actual dimensions of which are represented by the red lines, (E) 
grounds reserved for the market house and public magazines, (F) 
ground and house belonging to the Rev. James Coleman, from which 
is taken off the portion marked for the purpose of straightening Com- 
mandencia street, and for which he is indemnified by other portions 
to the north and east of tiie lots contained between the black and red 
lines, (G) houses and lots belonging in moiety to Pablo Graupera 
and Francisca Tiilas, who consented to relinquish twenty feet of the 
eastern side for a lane, (/) for the purpose of giving an egress from 
the barracks, (K) to the bay on condition that a like extent should 
be given them on Bairacks street, which was of 60 feet width, and 
is reduced to 40, like the others of this plan, and to whom it would 
be expedient to convey, for their value, the portions to the north and 
south, designated between the black and red lines, for the purpose 
of completing the regularity and symmetry, (//) lot on which stands 
the ball room and building of D. Juan Cazenave and D. Juan Fran- 
cisqui, (/) ground reserved for a national hospital {J ) ground of the 
old barracks which were burnt, reserved with the extent laid down 
for their eventual rebuilding, and for their kitchens, and for those 
of the actual barracks, as the present one is situated on the saleable 
lots, No. 16 and 18, (K) actual barracks with their area or yard, to 
which two portions to the east and west are added, and those to the 
north and south taken off, (L) lot for the building of the national 
magazines, (Jf ) the present public prison and principal corps de 
guard, with the area which is destined for the same by the arrange- 
ments of 1807 and 1808 and 1809. {N) triangle, which, by the afore- 
said arrangement was directed to be added to the lots of Beltran 
Sachet and Thomas Viilaseca, on their paying the appraised value, 
in relation to which, the judicial proceeding was followed up, (No. 1.) 
lot for a public school, (No. 2.) lot for the parish vicar, (No. Sj un- 
til 20 inclusive) saleable lots, unless any of them should be separated 
for the aforesaid deceased Lieut Colonel. Pensacola, the 1st Dec. 
1813. (Signed) V. S. Pintado, Francis. Gomez. 

In this day's session, the present plan was approved of in all its 
parts in this constitutional Ayuntamento, and the carrying the same 
into eflect was decreed, and by order of the same, I record it in the 
town of Pensacola, 7th December, 1813. (Signed) Felix Tala, Se- 
cretary ad interim. 

Certificate. — Bon Vicente Sebastian Pintado, Captain of Infantry, 
and his majesty's Surveyor General of West Florida. I certify, that 



[ 111 ] 167 

the present is an exact transcript from the original, which, with its 
explanatory notes exist in these archives, under my charge, to which 
I refer, and pursuant to a decree of the 4th of September last, I give 
the present in Pensacola. this 31st of October, 1816. 

Note 1st. To the squares in question the names of Ferdinand, 
the 7th, and Seville, were restored after the publication of the Roijal 
Decree, datedin Valencia, 1814. 

Note 2d. The copy of the old plan of the square, which was ask- 
ed, is omitted, as the whole is included and represented in the present 
plan. Date ut Supra. (Signed) Vicente Sebastian Pintado. 

Petition by the Reverend James Coleman. — To the Governor and 
Sub-deh'gate of Finance, Don Santiago Coleman, Vicar, and Eccle- 
siastical Judge, of tin^ Parochial Church of St. Michael, of Pensaco- 
la, respectfully represents, to your honor: That, from time immemo- 
rial, division 24, of this town, was destined for the building of a church 
thereon; doubtless, from its situation, with regard to the ancient 
figure of the town and as most conformable to the spirit of the law 8, 
title 7- hook 4, of the Digest of the Indies. He represents, that the 
dedication of the said lot, to so holy a purpose, is not of mere tradi- 
tion, because, exclusive of the sanction given to the same, handed 
down from one to another in regular succession, it derives a further 
confirmation from the assent, at all times given thereto by the constitu- 
ted authorities, and particularly from the Intendant of this Province, 
D. Juan Ventura Moralles, and the Governor of the same, D. Vicente 
Folch y Juan; when, in the year 1807, the former proposed to the 
latter that the plan of the town should be regulated anew, and a per- 
manent figure given thereto. Thus he expresses himself, i!i the fourth 
observation contained in his official letter of the 26th August: "The 
ground destined for a church is diminished, on the western side, by 
the houses of the King's Storekeeper, D. Francisco Jonte, and that 
occupied by D. Francisco Morejou; it would therefore appear proper 
to reduce the said lot in the same ratio on the eastern side, so that 
the church may face the wide street, with its corresponding collatei-al 
streets, for the purpose of facilitating the communication to the part 
situated in the rear of the church." And the Governor, in acceding 
to the arrangement of the new plan proposed, replies in the following 
words, as contained in the fifth paragraph of his official letter: " The 
fourth observation refers to the diminution which has taken place in 
the sectional division destined for a church, and other public build- 
ings, by the lots on which are situated the houses of the King's Store- 
keeper, D. Francisco Jonte. and those of captain ?>. Juan Domin- 
gues, now occupied by the lieutenant D. Francisco Morejou; if there- 
fore the church, and other buildings should be erected, as I have rea- 
son to believe, there is no doubt that Domingues' house, on account 
of it-» smallness, and bad construction, ought to be demolished, be- 
cause it was granted on this condition; that of the King's Storekeep- 
er, on account of its solidity and spaciousness, ought to be purchased 
for account of the crown, or the j)ublic, for a rectory and dweTting of 
the Vicar of the Parish, because I consider it would be more beneficial 



168 [ iii 3 

to the King to acquire this property, than to make new erections. 
The street may remain in the space allowed for this purpose, between 
the said house belonging to Jonte, and the lot No. 169." The Sur- 
veyor General, in his official letter of the first March, 1808, accom- 
panying the new plan, submitted to, and approved by the Intendancy, 
Mud G'>vernment, likewise recognizes the said lot, as appropriated 
for the church, as it states in the ninth paragraph: '* In tfse series of 
numbers of lots, the four granted within the old military square are 
included, and also that in the occupation of the King's Storekeeper, 
D. Francisco de Jonte, in division 24, reserved for the church, and 
other buildings." This granted, the church had an incontestible right 
to the said division No. 24, or to the greater pai-t of it, notwithstand- 
ing there was no concession made witii accustomed formalities, as the 
general agreement upon this point ought to be looked upon as an in- 
controvertible title. Notwithstanding what has been said in the year 
1813, when the garrison was reduced to the last stage of distress, in 
consequence of the inability of the Government to victual them, owing 
to the total want f)f funds for the purchase of provisions, the Ayun- 
tamento, animated by their desire to preserve the town and troops, 
and considei'ing the ground in question as unfit for the high pur])ose 
for which it was intended, in consequence of its being boggy, and 
having no population in its rear, although in the centre of the town, 
directed that it should be laid olf into lots, and sold for the purpose 
of procuring supplies for the garrison, and those attached thereto| 
these were subsequently sold, and the delineation and regulation of 
the squan-s were simultaneously ordered, agreeabhj to the spirit of the 
law 9, title 7, bonk 4, of the Digest of those Kingdoms, which was ac- 
cordingly done, and the grouiid in the larger square of the two was 
designated for the building of a church, and otiier necessary edifices 
for the services and uses of the same; and other lots were assigned 
for royal and public buildings, such as tiie custom house, revenue 
otljce, corps de guard, prison hall, and olllces of the Ayuntamento, 
&c. and the remainder uas divided into other lots, which were laid 
off and sold in like manner as those of division 24, by beat of drum 
and pui)lic crier, as is the custom, for the like purpose of relieving 
the garrison. The exponant trusting in the firmness and siabiiity 
of these dispositions, which were carried into effect with scrupuhius- 
iiess and solemnity, yielded his tacit consent by the mere circumstance 
of ftaving ma<ie no opposition thereto; but it afterwards happened, 
that when some of the purchasers were about to enclose asul buiid on 
the lots, which they had bouglit and paid for between the two squares, 
the predecessor, ad interim, of your honor. Col. Don Jose de Soto, 
stopped them, and used his efforts^ by writing, to hove the whole an- 
nulled by superior authority, rtgajdiess of the incalculable damage and 
confusion which he was about to occasion; and, althougli the result is 
not known, the church has sincethat time been despoiled, or, at least, 
without any security for what belongs to it; as such a long interval 
has eiapsed, without any decision having transpired, t!ie petitioner 
fears that, if he should preserve a longer silence^ iu relation to this 



[ 111 ] 169 

property of the Lord's, and should it be lost, lie would be accwsed of 
unpardonable neglect. Therefore, following the council of father 
Saragoza, who tells us that brevity should not be made at the cost of 
the object treated of. nor of perspicacity, the exponent is under the 
inipei'ious necessity of submitting to your Honor- this prolix repre- 
sentation, in order, that, after due consideration of its tenor, you may 
be pleased to decide definitively as to the allotment of the ground for 
the building of a chuich. And, if in a suitable place, and not oper- 
ating to the injury, or liable to be claimed by aay other individual, 
you will cause the proper patent to be issued, in order tliat, under 
this security, he may immediately commence taking steps to have a 
chuich built, as the store is so indecent in which Divine worship is 
temporarily celebrated, and its being further threatened with ap- 
proaching ruin, for which purpose, and there being no funds belong- 
ing to the fabric, not even the Oblata assigned by his Majesty, which 
has not been received during seven years, it is intended to solicit the 
aid of the faithful parishioners of this parish, and of those of the city 
of Havana, as also of his Lordsiiip, the Bishop of the Diocess, for 
such contributions as their christian piety may induce them to grant, 
as an homage rendered to God^ having recourse, at the same time, to 
the chief oi the department of finance, in order that he may be pleased 
to assign therefrom the third part of the costs of same, as prescribed 
in the laws 3d and 5th of the second title, book 1st, of the Digest. 
I, therefore, beg and entreat, that your honor will please to crder 
and determine, as I have solicited, being conformable to justice, and 
in furtherance of the service of both Majesties. Fensacola, 5th Aug. 
1815. (Signed) James Coleman. 

Order. Fensacola Slat September, 1816, let the Surveyor General 
report, (signed) Maxent. 

Ileport oj the Surveyor. — To the Governor and su'ulelegate of fin- 
ance. The statement made by the Vicar and Ecclesiastical Judge of 
this holy parochial church is so clear, genuine, and conformable to 
the documents reSative to this matter, which exists in these archives 
and to t[ie traditions, laws, facts, and events which he quotes, that I 
have only to refer to his narration of the same. The church is indeed 
despuiied of t!ie lot witich was reserved for it and without security 
fo) the one which was afterwards designated, from the reasons which 
he alleges when by order of the late Ayuntamento the squares were 
reguiatey and their dimensions fixed, due regard was had to what the 
lavv prescribes, /aw 9, title 7,book4,offhe Digest of the Indies, and which 
is couched in these words, *■ Should the principal square where the 
town is to bt commenced, be on the sea coast, it ought to be made at 
tht ianding of the port and should it be an inland situation, then in 
the ceotre of the town, in the form of an oblong, of at least one and a 
half the length of its width, because it will be more suitable for pro- 
cessions on hoisebacli and others, its extent ought to be proportiojied 
to the number of the inhabitants, and it ought to be kept in view, that 
thetowu may gradually increase; it ought not to be less than 200 feet 
in breadth, and SOO feet in length, nor greater than 800 feet in length, 



170 C 111 ] 

and 55^ in width, and it will be of a middling and good proportion 
if it should be 600 feet in length, 400 in width. &c." 

The Sth law of the same title and honk, was also taken intoconside- 
ration, as it relates to the locality for the building of the church, which, 
although the town shoiild border on a coast, directs that it should be 
erected in such a situation that it may be seen from the sea, and the 
fabric to serve as a defence of the port- appropriating lots near'the same 
for this purpose, and not in the continuation of the town wheie there 
are royal buildings, and shops belonging to individuals." In con- 
formity with the sail! laws, seeing the small t^xtent of this town, and 
the inconsiderable nunsber of its inhabitants, 356 feet English were 
assigned to the principal square for its ividik from side to side, and 620 
feet English for its length, tikexvise extending to the Bay on the shortest 
side, and hence the two squares are of middling extent, and well pro- 
portioned, according to the sj)irit of the law, seeing the difference be- 
tween the foot of Burgos and that of London, for a town of so few in- 
habitants of e\ ery description, which scarce amounts to 2,000 of every 
color, sex, and age, having located in the principal square the lots 
for the erection of a Ci)urch and other buildi»igs, in a suitable situa- 
tion, and conformable, in my opinion, to tije legislative provision, and 
to the adaptation of local circumstances, as your honor may best ac- 
quire a knowledge of by the plan or drawing which is in the Secre- 
tary's ofiice of this Government, as copied from the original, which 
is in the office of the archives under my charge Thus was reduced 
to two squares, that vast plane of indeterminate space which was 
previously of 1,725 feet in length, by 1,006 English feet at least in 
ividth, and which afterwards, by the two sectional divisions granted 
and distributed in the year 1804, by Don Vicente Folch y Juan, late 
Governor of this province, was reduced to the same length 1,79.5 feet 
English, and to the width of 6Z0 feet on the shortest side as far as the 
Bay, which are the dimensions which it still has, in consequence of 
the suspension of w hat was done by the late Ayuntamento, and which 
is improperly called a square in all its extent, having in its centre, and 
scattered without order, so many houses and buildings- belonging 
both to the crown and individuals, and even were it otherwise, what 
an enormous square would it be for a town like this, when few of the 
most famous cities have one of equal extent! I have said plane or 
indeterminate space, because, besides the two sectional divisions, 
other grants of lots have been made therein to individuals; others 
obtained permission to build on and fence a portion thereof, and he who 
did not extend at discretion, built without order or symmetry, and even 
for the garden or Government house much more was taken than it 
before had, nothing of which would have hajipened if the precise di- 
mensions of tlie square or squares, their form and figure, and what 
respectively belonged to each royal or private building, had been 
opportunely determined, the present conflict would thus have been 
avoided: but even in the general arrangement which was made in the 
years 1807,8, and 9, this was not treated of. but left for another 
time. This mode of distribution and designation of the dimensions 



[Ill] 171 

of each boundary, in order to avoid difficulties and contentions, is so 
contV>rmable to the laws and customs of all civilized societies, to rea- 
son and justice, that even God himself, says David, divided among 
his people the promised land by measure. IHvisit illis terraUi inj'uni- 
culo diHtributionis. Fsalm 78, verse 55, and as to be read in the 
18th chapter of Joshua. 

This uninhabited plane was left so by the English, on account of 
the enclosure tliey were obliged to make within the town, for fear 
of an attack by the Indians, when they had no exterior fortifications; 
and in which tlie garrison, and all tlie inliabitants with their faiiji- 
lies, were shut up in case of an alarmj at present there remains no 
other vestige of the said enclosure than the buildings which served for 
defence, and others which at present serve for store houses and bar- 
racks, the which were not me<ld!ed witti, nor any others belonging to 
the crown, in the delineation ordered by the Ayuntamento, except an 
old kitchen which has already fallen, and has been demolished. Tljere 
are, in fact, some which remain in the new street, and others in the 
squares which do not obstruct the way; and of these which are al- 
ready in a state of decay, it is said in the draught (or scheme) which 
was presented to the Ayuntamento^ and approved of by tfjem, pre- 
sided by the civil and military Governor of the Province, that " if 
the scheme should be carried into execution, it would be necessary,, 
after some time, to demolish them, or else when others should be 
made." For which j)urpose a piece of ground is reserved in the most 
commodious, high, and safe place, for roijal store houses, as also are 
others for barracks, hospitals, ^'c as may be clearly seen by the said 
plan and explanation, f he lots which were laid off between the two 
squares for sale, were, in effect, sold, or the greater part of them, 
with the solemnities mentioned; as were also those of the division 
24, which had been reserved for the Church, and one and all were 
paid for, as I have understood. If the sale of the first ones be made 
in spite of the formalities made use of, and the reasons which gave 
rise to the occasion, it is regular that the sale of the second ones 
be so likewise, because, Sj>eaking like a geometrician, the tiiings 
equal to the same are equal between themselves, and if there is solid 
foundation for such a decision, by redelivering to the purchasers their 
money, things will revert to their former state. It will be jusi like- 
wise, that the Church should again enter into possession of the said 
division 24, or of its respective portion thereof, aithoi'gh tills part is 
very far from being adapted to so high and holy a puipose, or to the 
spirit of the law. The foregoing is as much as I can inform your 
honor, so that, at sight thereof, you may please to determine what 
may be found most conformable to justice Fensacoia, 22d Septem- 
ber, 1816. (Signed) Vicente Sebastian Pintado. 

Decree. Pensacola, 25th September, 1816. Pass it to the Com- 
mander of Engineers, pro tempore, Don Bernado Frietoo in order 
that he may report to me what he knows, and what may be his opin- 
ion in relation to the representation by the Sev. Vicar Gen'l of this 
Holy Church. (Signed) Maxent. 



172 [lil] 

Report and opinion of the Engineer. To his honor the Governor — =■ 
The re.^ulation of the town, effected by his honor the Brij^adier Don 
Vicente Folch y Juan, formerly Governor of this Province, appears 
to me to be most expedient, and that which the nature of this place 
requires to be adopted, for the security of the general interest, the 
iujportance of which was well known to the aforesaid gentleman. ex- 
Governor, of whom we ought not to suppose, that with his well known 
intelligence, he could be ignorant of the Law 9, title 7, book 4, or of 
the Sth of the same title,, which could not be applicable to theprefitnt case, 
owing to the kind of materials of which all the buildings are construct- 
ed which compose the establishment; which is timber of pitch pine and 
light wood, a cii'cumstance which points out the necessity of giving 
an apparent irregular extent to the squares they laid off, and the 
width of 100 feet to Tarragona street, so that, with the aid of 
lire engine;?, it ought to be hoped that, however much the iiumbi-r 
of buildings might be extended or multiplied, there would be no cause 
to fear, \vit\i the aforesaid precaution of fire engines, that the whole 
establishment might be burnt up in one conflagration. In a moment, 
daring which the intrusive constitutional Government continued, a 
new arrangement was formed, which was adopted by honored per- 
sons, actuated, as I believe, by the best of intentions, but who were 
'cleficient in the knowledge requisite to proceed with that judgment 
which the importance of the case required. Your honor is not igno- 
rant that the foremost of the aldermen of that time were those who 
could sign, who had also the second misfortune to he presided by a chief, 
whose years had already deprived him of the intellecuial faculties 
with wl)ic?4 nature might have endowed him in the spring of his life. 
It was owing to this cause, and the circumstance of Don. Jose Via- 
la's immediately building his house, which to this time is the only one 
agreeable to the new plan, that, as was my duty, I represented aud 
gave such a report as the case admitted of, which I duplicated on 25th 
October, 1815, the which was done in compliance with a demand ft r 
a report thereon from me, by Col. Don Jose de Soto, Commander, ad 
ifiterem, of this province, dated 16th August, of the same year, w hich 
I answered on the 18th, and in which aie copies of all the preceding 
ones which were had on the particular. 

I do not see how the Rev. Vicar Gen. of this holy parochial Church 
makes out, that the same is heieby in anywise injured, and 1 rest 
on this, that as there remains in both plans particular grants for the 
aforesaid holy Church, be the decision what it may, there will always 
remain in one or the other the portion reserved for so high a purpose. 

Neither have I evidence of the efforts of CoL Don Jose de Soto in 
opposition to the plan in question, but of a certain military frankness, 
which is a characteiistlc of him, and I ara inclined to believe him in- 
capable of overstraining his authority, or of availing himself wf any 
subterfuge, in order to favor particular ends. Pensacola, 8th Octo- 
ber, 18 16. (Signed) Bernardo Prieto. 

Decree. The better to decide in this matter, let the Secretary of 
this Government put in continuation heiewith, a certified copy of the 
documeuts of which the commander of the Engineers treats in the 3d 



[ill] 173- 

paragraph of the preceding report, together with copies of those which 
before were had on the particular, and the dates they may bear.— 
Pensacola, 18th October, 1816. (Signed) Maxent. 

Demand of a report by Governor Soto. It being necessary that I 
should be instructed with regard to the innovations or variations 
had with respect to the lots on which royal buildings are situated, in 
consequence of the new arrangement given to it by the Ayuntamento, 
with the distribution and sale of the lots by the same authority of 
what formed the Military 'Square, you will please to report to me 
what you know in this particular. God preserve you many years. 
Pensacola, l6th August, 1815. (Signed) Jose de Soto. Addressed 
to Don Bernardo Prieto. 

Reply. The copies annexed contain the documents previously had 
on the side of the Department of Engineers, with respect to the vari- 
ations which the ex Ayuntamento ordered to be carried into execu- 
tion, and which they wouid have effected in a short time, hut for your 
Honor's receni order to s^ispend all establishments until superior appro- 
bation be obtained. By those your Honor-will see, that I know no- 
thing of the matter until the moment which appears, and although the 
lots which comprehend the aforesaid innovations were publickiy sold 
on distinct occasions, I never believed it could be possible they would 
interfere with the Royal Buildings, as such decisions haveno connec- 
tion with those wMchpught to belong to a Constitutional Jlyuntamento, if 
their representation is attended to, and that that momentous Govern- 
ment had not laid aside the ordinances of the Royal Corps of Engineers 
of the year 1803, and the articles 1 and 9 of the Title 1 oftheSd Regu^ 
lation, remained from that time until the latter period in full force. 

This is as much as I can say, in compliance with the official note 
■which your Honor was pleased to addi'ess me, on date l6th inst. to 
which I reply, God preserve your Honor many years. Pensacola? 
18th Aug. 1815. (Signed) Berna*'do Prieto. Addressedto Jose de Soto. 

I have casually understood that the Constitutional Ayuntamento 
of this town have altered the plan thereof which was before adopted. 

The house which D. Jose Viola is building, has occasioned me to 
make the inquiry, from the novelty of its position with respect to the 
military building, to which it is contiguous, but, asi have understood 
that the same remark applies to the others, my duty requires me, if such 
be the case, to solicit your Honor to use suitable measures for ray ob- 
taining from the proper person a copy of the new plan or the origin 
nal, that 1 may take one, with instructions of how far the innovations 
relate to my department, so that I may be able to comply with the 
provisions of tlie ordinance. God preserve your Honor many years. 
Pensacola, 13th April, 1814. Bernardo Prieto. To Don Matliew Gon- 
zales Maurique. It is a copy. (Signed) Bernardo Prieto. 

The Alcalde of this town informs me on this date, as I copy. *'0n 
this date, I addressed the surveyor general, D. V. S. Pintado, as fol- 
lows: In a sitting of the Cabildo, of l8th inst. among other things it 
was ordered, that an official note should be addressed to you, desiring 
voii to furnish the lieutenant D. Bernardo Prieto, folunteer Engi= 



i74 [ 111 ] 

neer, and charged with that branch, with a copy of the new plan, or 
to favor him with the original one, that he may copy it, instructing 
hiin with respect to innovations it may contain, accordinj^ to what 
said Engineer has solicited, through the medium of his honor the com.- 
mander of the Province. I consequently communicate the same to 
you for your intelligence, and that you may please to act according- 
ly. And I advise your Honor of the same, for your intelligence and 
that you may please to act accordingly. 1 advise your Honor of the 
same for your intelligence and the purposes which may be expedient." 
and I to you in reply to your paper of the 13th inst. God preserve 
you many years. Pensacola, 20th August, 1814. Mathew Gonzales 
Maurique. To D. Bernardo Prieto. it is a copy. Bernardo Prieto. 

I have received from the Surveyor, D. V. S. Pintado, the plan 
"which I solicited, as appears in the annexed copies, and so soon as the 
volunteer Engineer, D. Nicholas Frinels, shall have copied it, I will 
remit it to you on the first occasion. 1 have obtained the necessarypaper, 
which, with difficulty, I have been able to procure. The buildings £om- 
prehended in it are those of the old houses, block houses, with the Corps 
de Guard, which serve as national store houses, and quarters for color- 
ed troops from Havana, which buildings would be shut up in a street. 
The kitchen lot of this garrison ought to be given up; and the dra- 
goon's barracks interfere in part with such as must likewise be given 
up. The yard for the tents is altered, as is also the Government- 
house garden, on all which your Honor will make such reflections as 
may appear to me to be involved, when I transmit you the plan in 
question. — God preserve your Honor many years. Pensacola, 3d of 
May, 1814. (Signed) Bernado Prieto. Addressed to D. Fermin Mon« 
tano. — It is a copy. Bernado Prieto. 

The captain of the schooner Comet, D. Lorenzo Olivar, will wait 
on you r Honor with a copy of the plan, which I made known to you 
in an ofBcial note of the 3d of May of the present year. No 1£, la 
which I have noted, that the ground chosen for the store houses is si- 
iiated in such a manner, that, with the storms which sometimes occur 
in this place, they would be inundated, and their contents damaged, 
unless they should be built with the necessary elevation, and the thick- 
ness of the walls sufficient to resist the impulse of the waves, in which 
case, their cost would be six times more than the proceeds of the sales 
of the lots. The Military Hospital, almost in the centre of thetown, 
appears wrong, as being inimical to public salubrity, on account of 
the southerly breezes which prevail in summer, by which the sea 
would be infested, owing to its position in advance; situations are not 
wanting, where it might be located on the outside of the town, and 
contiguous thereto on the North. The space which formerly took in the 
squares and the width of Tarragona street, were calculated, with the 
aid of fire engines, to stop fire, but those being reduced to the limits 
laid down in the new plan, this idea vanishes. God preserve your 
Honor many years. Pensacola, 10th July, 1814. (Signed) Bernardo 
Prieto, and addressed to his Honor 1). Fermin Montano. It is a 
copy. Bernardo Prieto. 



[Ill] 175 

Certijicate, The foregoing is a copy of the original official notes 
which exists in this office of Government, under my charge, which 
I certify, and I give the present pursuant to the decree, which precedes, 
from his honor the Commander, ad interim, of this province, dated 
the 18th instant. Pensacola, 19th October, 1816. (Signed) Carlos 
Reggio. 

Decree. Pensacola, 25th of October, 1816. Let this judicial pro- 
ceeding be shown to the Rev. Vicar of this parish, D. Santiago Cole= 
man. (Signed) Maxent. 

Reply and Petition of the Rev. James Coleman. To his honor the 
Governor : D. Santiago Coleman, Ecclesiastical Judge and Vicar 
General of this Parochial Church of St. Michael, respectfully states, 
that, in consequence of your honor's decree, of the 25th instant, I 
have seen the repor* of the Captain of Infantry, Don Vicente Sebas- 
tian Pintado, Surveyor General of this province, and likewise the 
opinion of the Commander, pro tempore, of Engineers, Don Bernar- 
do Prieto, with annexations of the official notes which the latter cites 
in the third paragraph of his exposition, and which your honor thought 
proper to have copied in continuation, the better to decide in regard 
to the petition which I presented in claim of the ground or lot on which 
the Church ought to be built; and having attended to their exposi- 
tions, with the attention which they merit, I find that the report of 
the first is conceived in terms so clear and evident, that the force and 
perspicacity of his reasons cannot but be admired, so demonstrative 
in my view, that they leave not the least obscurity on the subject, as 
they contain all the illustration which is requisite. That of Bernado 
Prieto presents the subject in another different aspect, which it would 
he vi^ell to clear up; but I shall not detain myself therein, as it dees 
not belong to me, and less to investigate the military frankness of 
Col. Don Jose de Soto, late Governor, ad interim, of this province, 
(as the said Engineer affirms,) nor to search out the sites and places 
on which he expatiates, as being foreign to the case treated of, and 
its being my only intention to prove that the Church is despoiled, at 
least without security for what belongs to it, as I stated in my peti- 
tion. 

The gentleman Engineer says, in the fourth paragraph of his re» 
port or opinion, that he does not see as I do, that the Church is in any 
respect injured, and he rests on this, that as there remains in both 
plans particular grants for the same, be the decision what it may, 
there will always remain in one or the other, the place reserved. — - 
Notwithstanding that, division 24, which is the one reserved for the 
Church, has become private property, as I have already stated, ac- 
quired by the owners at public sale. The assignment of the lot 
which Was afterwards diesignated in its stead, is pretended to be annul- 
led, as also the regulation of the squares, and whatever else was done 
by order of the late Ayuntamento. Where then is the place reserved 
for the Church? If we wish to commence the building so much want- 
ed, where shall we begin? and where then is the reason to see that 
the Church is not in any respect injured? The gentleman Engineer 
will permit me to say, that his assertion? or opinion, in this respect. 



175 [ili] 

does not coinctde with mine, and he must, in fhis case, have explained 
himself inadvertently, as occurs in his ofScial notes to the Director 
Dors Firmin Montano, dates Sd May, and 10th June, 1814, when, 
among other things, he says, that what he calls dragoon barracks 
awaits the destiny to be sold in part, and that the ground reserved 
for store houses would be subject to inundation in storms, and to dam- 
age their contents, unless a wall should be made sufficient to resist 
the force of the waves. &c» What i have just referred to. I consider 
an inadvertent mistake, having before me a plan of the town| for nei- 
ther that which was the dragoon's barracks, before an hospital, and 
now abandoned and in ruins, is among the number of lots to be sold, 
nor is the ground reserved for store houses subject to inundation, nor 
can it ever be exposed to the force of the waves, unless there should 
come another deluge, for it is the highest place to the north contigu- 
ous to my own house, which, in that case, would be the first inundat- 
ed, and likewise the old store house, which serves for a Church, and 
also the Government house and garden would be inundated. These 
mistakes have probably occasioned us the present trouble. The fact is 
this, that what was the old store house, in which Divine service is 
celebrated, is threatened with approaching ruin, and it is to be feared, 
that its fail may occasion the sacrifice of some innocent victims, while 
those who are principally the cause of the dreaded catastrophe, run little 
or no risk: therefore, 1 entreat your honor, that, taking into considera- 
tion the ruinous state of the actual Church, its altar and ornaments 
exposed to the rain and bad weather, (for it is notorious that since 
May, 1781, in which this place was retaken, its roof has not been 
renewed or repaired with shingles,) your honor will please to deter- 
mine as may be dictated by the sentiments of justice, which I ask. 
Pe'sacola, SOIh October, 1816. (Signed) Santiago Coleman. 

Decree. — Pensacola, 21st October, 1816. Let this judicial pro- 
ceeding be annexed to those which follow the ones of Don Carlos La- 
valle, and Don Francisco Barrios, In behalf of the inhabitants who 
purchased the lots laid off between the two squares, conformable to 
the last plan of this town; which was formed at the requestor the late 
Ayuntamento, in order to render a statement of the results to his Ex- 
cellency the Captain General of this Province, when opportunity may 
serve. (Signed) Francisco Maximiliano de San Maxent. 

OPINION OF THE KING'S ATTORNEY. 

May it please your Excellency: The inhabitants of the town of 
Pensacola, representing in this judicial proceeding, have every thing 
of justice on ihcir side. They purcliased, at public sale, the lots which 
to-day occasiotted the dispute. The sale of them was made with the 
consent of all the authorities which governed the town at the period, 
and whose authorities all concurred in and authorized the same, im- 
pelled by the supreme law of necessity; the alternative which they 
proposed, therefoie, is very just; for? if the contract remains Jirrrif the 
free use of their lots ought to be left to them, and, if it be rescinded or an- 
nulled, the money they disbursed for their price ought to be returned to 
them immediately, l believe there will not be funds for the latter^ 



[Ill] ill 

and it is^necessary to accede to the formerj but, as there are inconve- 
niences m this casCf which are apparent from the proceedings, it seems 
requisite that your Excellency should report the same to his Majesty, 
with an authenticated copy of the judicial proceeding, for the corres- 
ponding decision, and his Majesty's pleasure.— Havana, 30th Janu- 
ary, 1814. Leonardo del Monte. 

I, Joseph E. Caro, Secretary to the Board of Land Commissioners 
for the district of West Florida, do hereby certify, that the foregoing 
is a true and correct translation of the documents in the Spaidsh lan- 
guage. JOSEPH E. CARO, isec'y. 

FensacolUf QOth Jan. 1825. 



REPORT ON BRITISH CLAIMS. 

The law organizing this Board of Commissioners, has directed us 
to examine and determine the validity of claims submitted for ad- 
judication, «< agreeable to the laws and ordinances heretofore exist- 
ing of the governments, making the grants respectively." In addition 
to this, the attention of the Conimissioners is directecJ to two objects, 
in the investigation of British Claims: 1st, to ascertain how far they 
are valid by the law of nations; and, 2nd, how far they have been con- 
sidered valid under the Spanish Government, and, if satisfied that said 
claims be correct and valid, shall give confirmation to them. 

The great reliance of the British claimants^ is placed upon the effort 
to prove, that their titles are valid by the laws of nations. They 
do not pretend, that they were considered valid under the Spanish 
Government, but endeavor to avail themselves of the jus postlimin- 
ium, as laid down in Yattel, and other writers upon thejaws of 
nations. Let us for a moment examine the soundness of this 
position. 

*' The right of postliminium ^^^ says Vattel, " is that in virtue of 
which, persons and things taken by the enemy, are restored to their 
former state, on coming again into the power of the nation to which 
they belonged" There are two modes by which they may be restored 
to the possession of the orij-mai proprietors; 1st, by reconquest, and, 
2nd, by treaty stipulation. Although prisoners of war may have given 
their parole; territories and towns submitted to the enemy, and sworn 
and promised him allegiance, yet, if retaken, they are to be re-estab- 
lished in their former condition, and enjoy the right of postliminium. 
The acquisition of immovables is not fully consummated till confirm- 
ed by a treaty of peace, or by the entire submission or destruction of 
the state to which they belonged- Till then, the sovereign has hopes 
of retaking them or recoveri'ig tliem by a peace. " Provinces towns, 
and lands, whioh the enemy restores by the treaty of peace, are cer- 
tainly entitled to the right of postliminium." '* The enemy in gi^ ii'g 
back a town at tiic peace, renounces the right he had acquired bj arms.'* 
" Butif that town," says Vattel, ' had been ceded to the enemy by a trea- 
ty_ of peace f" or was completely fallen into his power by the submis- 



178 [iii2 

sion of the whole state, she has nolonger any claim io the right of post' 
liminiumf and the alienation of any of her possessions by the conqueror, 
is valid and irreversible; nor can she lay claim to them, if, in the sequel, 
some fortunate revolntion should liberate her from the yoke oj the con- 
queror " '* Its former state is absolutely destroyed; all its relations, 
all its alliances, are extinguished." Vattel, b. 3, c. 14, sec. 212. 
** Whatever is ceded to the enemtj by a treaty of peace, is truly and 
completely alienated. It has no longer any claim to the right of post- 
liminiumf unless the treaty of peace be broken or concelled,^* "It might 
be said, in genera!, that the right of postliminium no longer exists, af- 
ter the conclusion of the peace. That right entirely relates to a state of 
war." b. 3, c. 14. 

As the right of postliminium relates to, and is founded on, a state 
of war, it has no effect or operation, except amongst thebelligerants, 
or allies,* who made a common cause, and are partakers and associates 
in the war — Vattel, b. 3, c. 14, sec. 207. Spain and England were 
the only parties and privies to the war, terminated by the capitulation 
of '81, and the treaty of '83. We have no evidence that the British 
claimants were deprived of their lands by conquest; but even admit- 
ting it to be the fact, agreeable to the doctrines laid down in Vattel, 
the jus postliminium could only have been made to operate in their 
favor, had Florida, at the peace, been restored to England, who was 
the original owner. As those private rights were recognized in the 
articles of capitulation, and in the fifth article of the treaty, there is 
every reason to believe, that there is no ground upon which this piin- 
ciple could be introduced; as that cannot be restored which was never 
lost by conquest. Further, as the country was ceded to Spain, the 
enemy and conqueror, instead of being restored to England, the origi- 
nal owner and nation to whom it belonged, the right of postliminium 
is taken away, unless the treaty be broken or cancelled. If cancelled 
or broken, it would be goodground of complaint to be brought by 
England against Spain; but it is a question in which, it is believed, 
the United States could not interfere. They were neither parties nor 
privies to the war, the capitulation, or treaty, and, as such, can claim 
no rights, and, consequently, have incurred mo obligations under them. 

From this view of the subject, it is^considered that the principle of 
the jus postliminium could not be made to operate in favor of British 
subjects; as Florida was ceded away by her, instead of being restored 
to her, by the treaty of '83. Had it availed any thing. Great Britain 
would not have provided for those claimants in the treaty, or made 
them remuneration when they failed to dispose of their lands agree- 
ably to the stipulations of the treaty. Upon examination, it will be 
found equally evident, that the United States are under no obligations 
on this occasion. They were not parties or privies to the war. Al- 
though Spain was at war with England during the latter part of the 
American Revolution, yet we w^ere not allies, engaged in a common 
cause, associates in the same contest. There was no treaty of offen- 
sive or defensive alliance between them. Conceding this point, how- 
ever, and it avails nothing, in order that the doctrine of jus postli- 
minium should be introduced v,'ith effect, we should have been allies 



[ill] 1T9 

of England, who lost the country by conquest, and to whom it should 
have been restored either by reconquest or treaty stipulation. Ame- 
rican citizens can occupy no better ground than the citizens of Great 
Britain, and those, \ye have seen, cannot avail themselves of the right 
of JUS postliminium. 

As the right of postliminium no longer exists after the conclusion 
of a peace, the British claimants are precluded from avaiJing them- 
selves of it by the treaty of '83. This instrument placed these claims 
entirely upon different groundsj recognized tliem and made provision 
for their disposition, by the subjects of Great Britain, who were in- 
clined to emigrate. The jus 'postliminium has no bearing upon the 
subjecti but the question is made to turn, exclusively, uporj the con- 
struction of the treaty. 

By the articles of capitulation signed at Pens^cola, in '81, by the 
commanders of the Spanish and British forces, it was provided, that 
"the British inhabitants, or those %vho may have heen subjects of the 
King of Great Britain in the said countries , may retire in full security 
and liberty, where they shall think proper, and may sell their estates, 
and remove their effects, as well as their persons, the time limited for 
their emigration being fixed to the space of eighteen months." This 
indulgence was incorporated in the treaty of '83, with the additional 
provision of extending the time, if necessary. It is contained in the 
5th article of the treaty, which was I'atilied on the Sd of September, 
1783, and is as follows : ♦' His Catholic Majesty agrees, that the 
British inhabitants, or others who may have been subjects of the King of 
Great Britain, in the said provinces, may retire in full security and 
liberty, where they shall think proper, and may sell their estates, and 
remove their effects, as well as their persons, without being re- 
strained in their emigratio7if under any pretence whatever, except on 
account of debts or criminal prosecutionsj the term limited jhr this emi- 
gration being fixed to the space of eighteen months, to be computed from 
the day of the exchange of the ratifications of the present treaty; but if, 
from the value of the possessions of the English proprietors, they 
should not be able to dispose of them within the said term, then his 
Catholic Majesty shall grant them a prolongation proportioned to 
that end." In the year 1785, it is said a prolongation of four addi- 
tional months was given by the King of Spain. 

Upon the subject of capitulations, Vattel says, *' The Governor of 
a town, and the General who besieges it, have a power to settle the 
terms of capitulation, and whatever agreement they thus form within 
the term of their commission, is obligatory on the state or sovereign 
■who has invested them with the power by which they conclude it. B. 
2, c. 14, s. 207. It is no doubt upon tiiis principle that the provision 
of the article of capitulation in favor of British claimants, was incor- 
porated in the 5th article of the treaty of 'S3, and also for the purpose 
of consummating the arrangements. This was necessary, as Vattel 
declares, that " immovable possessions, lands, towns, provinces, &c. 
become the property of the enemy who makes himself master of them^ 
but it is only by the treaty of peace, or the entire submission and extinction 
of the state to which these towns and provinces belonged, that the 



180 [lil] 

acquisition is completed, and the property becomes stable and per- 
fect."— b. 3,c. 13. s. 197. 

In examining the phraseology of the 5th article of the treaty, it 
appears, that all British claimants were entitled to the ijidulgence; 
not only, '* Bj'iiish inhabitants.'^ but those " who may have been sub- 
jects of the King of Great Britain in the said provinces." Those 
who were citizens of the United States at the date of the treaty, if 
they had been subjects of the King of Great Britain in said provinces, 
■were entitled to every indulgence in the disposition of their property. 
If they failed to avail themselves of those provisions it is their own 
neglect, and they cannot but charge themselves with the consequences. 
The treaty is to be construed like any other contract, and if the par- 
ties have not complied with the conditions, they are compelled to 
abide the result, oi- submit to the penalty. Theii- claims occupy pre- 
cisely the same ground, however different may be the character of the 
claimants. Agreeably to the spirit, at least, of national law, Spain 
was authorized in requiring such a provision as that contained in the 
5th article of the treaty. '• Every state," says Vattel, " has the 
liberty of granting oi' refusing to foreigners the power of possessing 
lands or immovable property, within her territory. If the sovereign 
does not permit aliens to possess immovable property, nobody has a 
right to complain of such a prohibition, for he may have good reason 
for acting in this manner^ and, as foreigners cannot claim any right 
in his territories, they ought not to take amiss that he makes use of 
his power and of his right, in the manner which he thinks most for 
the advantage of the state." — b. 2, c. 8, s. J 14. The sovereign may 
also forbid the entrance of his territories either to foreigners in ge- 
neral, or in particular cases, or to certain persons, or for certain par- 
ticular purposes, according as he may think it advantageous to the state. 
b. 2, c. 7. s. 94. The King of England had likewise the power and right 
to accede to the stipulations in the 5th article of the treaty of '83: 
*' The necessity of making peace, authorizes the sovereign to dispose 
of the property of individuals; and t!je eminent domain gives him a 
right to do it." — Vattel;, b. 4, c. 2, s. 12, In the treaty of '8^, the 
property of individuals was not ceded -dWHy absolutely, but only condi- 
tionally, where the claimants failed to dispose of it within the limitation. 

If Spain refused to extend the time, as contemplated in the 5th 
article of the treaty, it was a subject of complaint by England against 
that government. The United States could not interfere in deciding 
such a question, as it would be an infringement of the independence 
of the original parties concerned, — Vattel, b. 2, c. 4, s. 54: b. 4. c, 
4. s. 40: Preliminaries, s. 9. But it was not the fact, that England 
complained or remonstrated on the occasion. Upon the expiration of 
the term within which the British claimants were to return and dis- 
pose of their property, that government made compensation to her 
citizens, which was an acknowledgment that she had no complaints 
or demands against the King of Sj)ain. With this fact before them, 
it would not become the American Government to interpose in the 
contracts of other sovereign powers, and declare that either had failed 
m compliance. 



itoc. Ill— ;)a^el82 



M. 



mm 



of Claims founded on Grants, Patents, and Warrants of Survey, emanating from the British Government, and which have been reported to Congress by the 

undersigned Commissioners. 



No. 


.n„.. ..„.„. 












" 


„.„o,c„.„. 




wn.n.s..oa..o. 


.X.HO«,SSO... 


S..VKT.O. 


GENERAL REMARKS. 








Month. 


Year. 


When. 


By whom. 




1 


Eiihu Hall Bay 


Walter Paterson 


Warrant of survey 


Ilth May, 


1779 


■2,000 


Escatnbia 


county 


Peter Chester - 










2 


Elihu Hall Bay 


John Paterson 


do 




5th May, 


1779 


•000 


do 


do 


do do - 










3 


Blibu Hall Bay 


John Hall 




do 






3d May, 


1779 


2,000 


do 


do 


do do ■ 










4 


Elihu Hall Bay 


John Sutherland 




Patent 






7lh Oct. 


1780 


550 


do 


do 


do do - 


Hth Septembe 


,1780 - 


Elins Dumford • 






S 


Blihu Hall Bay 


John Sutherland 




do 






7th Oct. 


1780 


550 


do 


do 


do do - 


14th Septembe 


1780 - 


Elias Durnford - 






6 


Theodore Gnilliard 


Francis Lewis 




do 








16tli June, 


1777 


300 


do 


do 


do do - 


6tli May, 


1777 - 


Elias Durnrot'd • 






7 
8 


Theodore Gailliard 
The heirs of Evan Jonei 


James Sutton 
Evan Jones 




di> 

do 








4lh May, 
18111 Dec. 


1767 
1766 


3 acies and 3 roods 
400 


do 
do 


do 
do 


Montfort Brffwoe 


30th September 
23d July, 


,1766 - 
1766 - 


Elias Durnford 
Elias Durnford 




The heirs of Evan Jones have proved, by depositions, that they are citixena of the Unittd States, but have adduced no teilimony to .bow 


9 


rhe heirs of Evan Jones 


Boardman and Soutbwe 


U " 


do 








27lh June, 


1768 


200 


do 


Jo 


do do - 


22d April, 


1766 . 


Elias Durnford 




Uiat their claims have never been compensated for by the British Government- 


10 


The heirs of Evan Jones 


Thomas White 




do 








21st June, 


1768 


200 


do 


do 


do do - 


5th March* 


1767 - 


Elias Durnford 






11 


The heirs of Evan Jones 


Israel Boardman 




do 








27th June, 


1768 


300 


do 


do 


do do > 


4tb March. 


1767 - 


Elias Durnford 






13 


The heira of Evan Jones 


William Leitch 




do 








2J Sept. 


1766 


50 


do 


do 


Georf^e Johnstone 


25th July, 


1766 - 


Ehas Durnford 




No conveyance from Leitch to Evan Jones. 


13 


The heirs uf Evan Jones 


James Thompson 




do 








8th Jan. 


1768 


50 


do 


do 


Montfort Browne 


26th August. 


1766 . 


Elias Durnford 




No conveyance from Thompson to Evan Jones. 


14 


The heirs of Evan Jones 


Alexander Maclellan 




do 








25tli March 


1767 


4 


do 


do 


do do - 


IBth March, 


1767 - 


Elias Durnford 




Ko conveyance from Maclellan to Evan Jones. 


IS 


The heirs of Evan Jones 


Francis Hutchinson 




do 








ISth Dec. 


1768 


2,000 


do 


do 


do do - 


18th August, 


1768 - 


Elias Dumford 






16 


The heirs of James Thompson 


James Thompson 




do 








10th Nov. 


1766 


12 acres 1 rood 28 p. 


do 


do 












? The heirs of James Thompson have proved, by deposition, that they are citizens of the Inited States, but have adduced no teitimony to 


17 


The heirs of James Thompson 


James Thompson 




do 








9th Jan. 


1767 


4 acres 1 rood 28 p. 


do 


do 


do do - 










C show that their clauns have never been coropenBated for by the British Government, 


18 


The heirs of Jgmes Tbompson 


James Thompson 




do 








lOth Jan. 


1767 


IS acres 3 roods 


do 


do 


do do - 










J 



All which is respectfully suhmitted by the unilersigneil Coniniissioners. 



SAMUEL R. OVERTON, 
.'OSEPH M.WHITE. 



[Ill] 181 

Most sovereig'n states have adopted, in some shape or other, the 
principle contained in the 5th article of the treaty, in order to prevent 
foreigners from owning real property within their limits, and therehy 
obtaining an influence which might be wielded to the injury of the 
country. It was no doubt principally from this consideration that 
the 5th article of the treaty was framed and incorporated in that in- 
strument. In effect it required ''the British inhabitants, or others 
who may have been subjects of the King of Great Britain in the said 
provinces," either to remain in Florida as citizens of Spain, or to dis- 
pose of their property within the limitation. From the language of 
the articles, they appear to have had their election; and it is believed 
that, where they failed to avail themselves of tiie indulgence secured by 
this provision of the treaty, or to obtain the confirmation of the Spanish 
authorities, which was equivalent to a release, the lands were consi- 
dered vacant, and subject to forfeiture. Similar provisions are con- 
tained in the treaty of 1763, which are found in the proclamation of 
General Gage, bearing date 30th December, 1764, addressed to the 
inhabitants of Illinois and Vincennps, respecting their lands, upon 
taking possession of their country by the troops of his Britannic Ma- 
jesty. In Siera's case. Governor O'Neal declares, that the time had 
expired within which British claimants were to return and dispose of 
their i)roperty, and it is ujiderstood that it was regranted whenever 
applications were made to that effect. The 8th section of the act of 
Congress, passed 30th March, 1803, making provisions for the dis- 
posal of the lands of the United States south of the state of Tennessee, 
and the 1st section of the act passed 5th July, 1812, upon the same 
subject, expressly recognize the fact of Spain having regranted lands 
originally granted by the British authorities in West Florida. The 
Board of Royal Treasury, by a decree, dated 24th September, 1801, 
at New Orleans, which was founded upon oflScial proceedings insti- 
tuted to ascertain the buildings and lots in Pensacola, to which the 
King of Spain was entitled by conquest, and from absolute relinquish- 
ment of the same by proprietat^y otvners, exposed those houses and lots 
to sale at public auction. Whenever they were presented after a 
limited period, they were either confirmed, or declared to be forfeit- 
ed by the Spanish autljorities. It was the policy of t!ie Spanish go- 
vernment to have their lands settled and cultivated; foreigners were, 
as far as possible, excluded, unless they were Catholics. In their 
concessions, the petitioner was requested to take an oath, that no 
foreigner vi'as interested in the land solicited, and that he or she 
would not convey to such at a subsequent period. A difference in 
religion was not tolerated; such was the effect of these regulations, 
that most of the English removed from Florida, particularly from 
East Florida, after the treaty of '83. 

These facts combined, are conclusive as to the opinion entertained 
by the Spanish authorities, in relation to the validity of such claims. 
Had those now under consideration been brought into controversy be- 
fore the Spanish tribunals, anterior to the cession of the country to 
the United States, there can be no hesitation in believing, that they 
K k 



iS!^ [ 111 ] 

would have been declared mill and void. The Britisk claimants havs 
not attempted to make out a valid title under the Spanish govern- 
ment, or to shew that the Spanish tribunals vi^ould have considered 
their claims valid and correct. They are, no doubt, satisfied of their 
weakness upon this ground, and it accounts for those claims being 
permitted to lie dormant, in the hands of the proprietors, for upwards 
of forty years. During this period, no notice was given of their ex- 
istence^ many were un located, and tione in actual occupation of 
the proprietors, l^he King of England's proclamation, bearing date 
7th of October, 1763, by which the governments of East and West 
Florida are created, vests the Governors with the power to grant 
and dispose of lands '• to any such person or persons, upon such terms, 
and under such moderate quit-rents, services, and acknowledgments^ 
as have been appointed and settled in other colonies, and under such 
conditions, as shall appear to us to be necessary and expedient, for 
the advantage of the grantees f and the improvement and settlement 
of our said colonies.'* The Governors were authorized to grant lands 
to new settlers, and to reduced officers of the army and navy, in the 
following proportions: To any person having the rank of a field officer, 
5,000 acres| to any captain, 3,000 aeres^ to any subaltern, or staff 
officer, 2,000 acres; to any non-commissioned officer, 200 acres; to 
any private man, 60 acres. No limits, except that of the advantage 
of the person, and the improvement and settlement of the colonies^ are 
imposed upon grants to new settlers; but the proclamation expressly 
declares, that all these grants are subject to the same conditions of 
cultivation and improvement. Furtiier, no plat is filed, in some cases, 
to shew that they ever were surveyed, and the warrants, which re- 
quire upon the face of them, that they should be located in six months 
from the time at which they were issued, are entirely floating claims. 
No evidence either has been presented to shew that the conditions sub- 
sequent upon which the perfect grants were made, have ever been ful- 
filled. This alone, agreeable to Blackstone, renders the claims at 
least voidable, and may be declared void by the Commissioners.— 
Under such circumstance, we do not believe they would be recog- 
nized as possessing any validity under the lawa of England; the go- 
vernment from whence they emanated. 

Whether the Brit'sh claims are, ipso facto, void, or only voidablCf^ 
the United States are entitled to the rights and immunities of Spain, 
by a transfer of the sovereignty and domain of Florida, under the 
treaty of 22d February, 1819. Admitting that they are only voida- 
ble, the United States, and their tribunals, can declare them void, as did 
the Spanish authorities- If Spain could regrant them, and sell them 
at public auction, the United States, as the successor of Spain, ar& 
entitled to all the advantages resulting from a similar disposition of 
the property. As Spain, in her practical construction of the treaty, 
has viewed those claims as subject to forfeiture, whenever they have 
not been rcgranted, or confirmed by her legal authorities, they must 
he vacant, and, consequently, belong to the public domain. The doc- 
trine of prescription, as a bar to such claims, as well as the plea at- 
tributing their want of location^ aiid compliance with conditions to 



[Hi] 183 

th e peculiar situation of the country, are also superfluous, as it is ad. 
mitting claims to exist, which have been forfeited. The Partidas, as 
cited upon the subject of appeals from the judgments of Spanish tri- 
bunals, is equally far from being in point, as it could only apply be- 
tween parties and privies within their legal jurisdiction. Under no 
circumstances would this law, and the doctrine of prescription, avail 
the claimants any thing against the government, however effectual 
they might be in a private controversy- Neither can they derive any 
advantage from a noncompliance with the 5th article of the treaty, 
unless they can also shew that they have received a confirmation or 
conveyance from the Spanish government, to the land in question. 
Were the United States to recognize those claims, it would be alto- 
gether a. gratuity, an act of munificence, and not one which was the 
result of legal obligation. Congress are competent to make such a 
grant; but, as a special court of legal jurisdietion, we have no such 
authority, and can exercise no discretion upon the subject. 

In the treaty between Spain and the United States, no provision 
was made for British claimants, but only such as emanated from His 
Catholic Majesty, and his lawful authorities; and, by the law organ- 
izing this Board of Commissioners, none are to be examined except 
those claimed and owned, bona fide, by American citizens, and for 
which no compensation has been made by the British government. 
This has been construed by the claimants, as a recognition oSpost- 
liminary rights; but, if the law is examined, it will be found to be a 
mistake, as the Commissioners are first directed to ascertain wheth- 
er they are valid by the law of nations, how far they are so considered 
under the Spanish government, and, after this inquiry, are made the 
judges whether they are valid and correct, and entitled to confirmation. 

It is believed that the Commissioners have no power to declare a 
forfeiture, in those cases where the claim exceeds 3,500 acres. Here 
they are only intended to act as an inquest, or court of inquiry, and 
furnish Congress with the facts upon which a forfeiture may be de- 
clared. It is their province to ascertain what lands belong to indi- 
viduals, as distinguished from those which have accrued to the United 
States under the treaty. Those arising from forfeiture constitute as 
perfect a class of rights, as those to the soil which has never been appro- 
priated to individual uses; they appertain, in all regular governments, 
to the sovereignty and domain, and cannot be separated from them. 

From every view which we have been enabled to give this sub- 
ject, we are constrained to declare all British claims, within our ju- 
risdiction, which were not confirmed by Spain, or disposed of in con- 
formity with the 5th article of the treaty of '83. forfeited, void, and 
of none efiect. They are not valid by the law of nations, and would 
not be considered valid under the Spanish government. We are, 
therefore, convinced that they are not valid, and correct; and, agree- 
ably to the provisions of the law organizing this Board, they must 
be rejected. With respect to the British claims, exceeding 3,500 
acres, we believe the reasons contained in this opinion are altogether 
applicable, and request that they may be received as our report, in 
hoth cases. 



184 lii^l 

All which is respecttuily submitted by the undersigned Commis- 
sioners. 

SAML. R. OVERTON, 

JOSEPH M. WHITE. 



N. 

Seventh — A general abstract and report upon claims^ some of which 
Jail wiihin the preceding classes, and others of an anomalous charac- 
ter, marked JV. 

This abstract embraces all the claims which have been examined 
subsequent to the date of those already forwarded to the Secretary of 
the Treasury. It also includes such cases of an anomalous charac- 
ter, as have not hitherto been reported in preceding- classes. The 
testimony in relation to a few of them has been received after the ex- 
piration of our session as fixed by the act of Congress. This was 
done for the purpose of reporting as many cases as practicable, and, 
if possible, enabling Congress to act upon all the claims which we 
have examined during their present session. 

All which is respectfully submitted by the undersigned Commis- 
sioners. 

SAM'L R. OVERTON, 
JOS. M. WHITE. 



.5 General Abstract of Claims, confirmed, rejected^ and reported, by the 
undersigned Commissioners. 

1. Carlos Barron, present claimant, and original grantee, a gra- 
tuitous concession, dated 18th December, ISIT, for 800 arpens, on 
Escambia river, issued by Governor Masot, surveyed by Antonio 
Balderas, on the 5th and 6th July, 1820, and cleared and cultivated 
from 1818 to 1820. This claim was rejected by mistake in abstract 
G, but. upon further examination, has been confirmed. 

2. Ceiestino Gonzales, present claimant, and original grantee, a 
gratuitous concession, dated 20th December, 1817, for 1800 arpens,on 
Escambia river ; issued by Governor Masot, surveyed by Pedro Reg- 
gio, on the 18th and 19th of December, 1818, and cleared and culti- 
vated from 1818 to 1820^ confirmed as belonging to class of claims 
marked A. 

3. AUiguel Hernandez, present claimant and original grantee, 
a gratuitous concession, dated 10th September, 1817. for 600 arpens, 
on Escambia river; issued by Governor Masot, surveyed by Antonio 
Balderas, on the 11th May, 1S21, and cleared and cultivated from 
1818 to 1819; confirmed as belonging to class of claims marked A. 

4. Vicente Sebastian Pintado, present claimant and original gran- 
tee; a concession for cutting wood, and as a remuneration for servi- 
ces as Interpreter, dated 2d December, 1816, for 2,180 arpens, in 
Escambia countyj issued by Governor Maxcnt, and actually settled 



[ill 3 185 

before the cession of Florida to the United States^ confirmed as be- 
longing to class of claims marked A. 

5. James Gooch, present claimant, Gabriel Rivas, original gran- 
tee; a gratuitous concession, dated 16th October, 1817, for 400 arpens 
on Escambia river, issued by Govei-nor Masot, cleared and cultivated 
in 1818; confirmed as belonging to class of claims marked A. 

6. Daniel Malloy, who is proved to be 21 years of age, and the 
head of a family, claims 640 acres in Escambia county, which he oc- 
cupied and cultivated from 1818 to 1824. This claim was reported 
in the second class of donation claims marked I, but, upon further ex- 
amination, is found to belong to the first class, marked H, and, as 
such, has been confirmed. 

7. Noah Colhoon, who is proved to be 21 years of age, and the 
head of a family, claims 640 acres, in Escambia county, which heoc- 
cujjied and cultivated from 1818 to 1819j confirmed as belonging to 
first class of donation claims, marked H. 

8. The heirs of Whiters Brinson claims 640 acres, in Escambia 
county. They prove, that their ancestor was 21 years of age, and 
the head of a family, and occupied and cultivated said land from 1816 
to 1819; confirmed aa belonging to first class of donation claims^^ 
marked H. 

9. Mariani Bonifay, present claimant, and original grantee; a cer- 
tificate showing that the two arpen lots, No. 54 and 55, were com- 
muted for three garden lots, and given in exchange by the Govern- 
ment; issued by Gov, Masot, and dated 30th April, 1818. Confirmed. 

10. Cailos Lavalle, present claimant, Gilberto Guillmard, original 
grantee; a grant for public services of lot No. 234, 80 feet front by 
170 deep, issued by Intendant Morales, dated 26th February, 1810. 
Confirmed. 

11. Carlos Barron, present claimant and original grantee; a gra- 
tuitous concession for two arpen lots, Nos. 20 and 21, dated 22d of 
April, 1811; issued by Intendant Morales; surveyed by V. S. Pinta- 
do on 20th March, 1811, and built upon and enclosed from 1811 to 
1821. Confirmed as belonging to class of claims marked D. 

12. Eugenio Antonio Sierra, present claimant, James Ross, origi- 
nal grantee; a British patent for lot No. 169, dated 29th October, 
1765, issued by George Johnstone, Esq.; surveyed by Elias Durn- 
ford on 11th July, 1765, and built upon and enclosed from 1780 to 
1825. Confirmed as belonging to class of claims marked D. 

13. Eugenio Antonio Sierra, present claimant, Samuel Tucker, 
original grantee, aBritish patent for lot No. 204, dated 13th Septem- 
ber, 1766, issued by George Johnstone, Esq.; surveyed by Elias 
Durnford on 26th August, 1766, and built upon and enclosed from 
1780 to 1825. Confirmed as belonging to class of claims marked D. 

14. Marcos Devilliers, claims a double lot, No. 245, a part of 
which he purchased at auction on the 20th August, 1804, surveyed by 
V. S. Pintado on 14th November, 1810, the other part he obtained as 
a gratuitous concession on the 19th July, 1816, issued by Governor 
Zuniga, surveyed by Antonio Balderas on 16th August, 1820, and 
built upon and enclosed from 1814 to 1824. Confirmed. 



i86 C ifi ] 

15. Francisco Colein, present claimant and orignal grantee; a con- 
cession of Jot Ej as a remuneration for loss of cattle, dated 24th No- 
Tcmber, 1817, with a title in form, dated 28th November, 1817; issu- 
ed by Governor Masot. This lot was reserved upon the new plan of 
the city, as laid out by the Cabildo, for a market house The testi- 
mony in this case proves the claim to be antedated and fraudulent. 

J 6. Eugenio Lavaile, present claimant and original grantee; a con- 
cession of lot h, as a remuneration for services rendered as head ar- 
morer, dated 22d November, \Q\T, issued by Governor Masot, sur- 
%'eyed by Antonio Balderas, on 30th June, 1821. The testimony in 
this case proves the claim to be antedated and fraudulevit. 

17. John B. Cazenave, present cJairaant and original grantee; a 
concession of Sot J, and a lot on tlie square of Ferdinand 7th, adjoining 
thatof Manuel Gonzales, 70 feet front, and extending to the Bay, as a 
remuneration for damages sustained in preserving the public ordnance, 
&c. in one of his iiouses; dated l6th August, 1817; issued by Gover- 
nor Masot; surveyed by Antonio Balderas, on 24th May, 1821. Lot 
J was reserved, upon the new plan of the city, for building barracks. 
The testimony in this case proves the claim to be antedated and frau- 
dulent. 

18. John B. Cazenave, present claimant and original grantee; a 
concession for a lot without number, extending from the Tivoli lot 
imarked H, 500 feet into the Bay, for the purpose of building a wharf, 
dated 5th October, 1817; issued by Governor Masot. The condition 
of building a wharf was never fuliiiled. 

19o Joseph Cevallos, present claimant and original grantee; aeon- 
cession of lot I, for public services, dated 12th January, 1818; issued 
by Governor Masot. Tisis lot was reserved, on the new plan of the 
Cabildo, for an hospital. From an examination of the concession, it 
has been antedated, and is believed to be fraudulent. 

20. Joseph Gomes, present claimant and original grantee; a gra- 
tuitous concession, for 800 arj)ens, in Escambia county, dated 4th 
December, 1818; issued by Govei-nor Masot. Rejected for a non- 
eompliance of conditions, as belonging to class of claims marked G. 

21. Francisco Rocheblave, present claimant and original grantee; 
a. gratuitious concession for 800 arpens, on the Bay of Escambia, dat- 
ed 25th November, 1817; issued by Governor Masot. Rejected for 
non-compliance of conditions, and a belief that it is antedated and 
frauduleiit as belonging to class of claims marked G. 

22. The Trustees of the parish Church of Saint Michael, claim a 
Church and the ground on which it stands, measuring 101 feet in 
length and 38 feet in width, marked (d) in the new plan of the Cabil- 
do. The claim is founded on prescription; the Trustees proving 
that it was consecrated as a Church on the 8th May, 1781, and has 
been occupied as such ever since, with the acquiescence of the public 
authorities. We, therefore, recommend it to Congress for confirma- 
tion. 

AS! which is respectfully submitted by the undersigned commissioners. 

SAMUEL R. OVERTON, 
JOSEPH M. WHITE. 



till] 187 



St. Augustine, Jaiiuarij Isi, 1825. 

Sir: The undersigned Commissioners appointed to ascertain titles 
and claims to lands in East Florida, beg leave to acquaint you, for 
the information of the Congress of the United States, t'.iat they have 
found it utterly impossible to complete the duties assigned them by 
the act of February £7th, 1824, in the time limited by that act. 

The inability of our Secretary, to translate and record the volum- 
inous documents filed in support of titles to lands, within the period 
limited, has been before represented to tiie proper department. It will 
be seen, by the enclosed statement, what luslabours have been since his 
appointment, and how necessary ii is, that the Commissioners should 
be authorized to employ assistant translators and clerks, should Con- 
gress think proper to extend the time for ascertaining claims, &c. in 
East Florida. 

It may not here be improper to remark that in not more than one 
quarter of the claims, are the original grantees the present ownerS;, 
In a very large number of cases, the property has been conveyed, two, 
three, and four times. These conveyances as well as the original grants 
were always made in the Spanish language previous to the cessiois 
of 1821. 

The office abstracts which we are authorized to receive By the last 
act of Congress, facilitate but very little the proceedings of the board. 
They are necessarily made in the Spanish language, and consequent- 
ly have to be translated. The concessions made in virtue of the roy- 
al order of 1790, being upon conditions, much time has been consum- 
ed and much labour bestowed in collecting and arranging the testimo= 
ny to prove the conditions performed; witnesses have been frequently 
compelled to travel 50 and 100 miles; the mass of testimony collected. 
in the cases upon which we have already decided, is so great, that 
we can not possibly have it copied to send on vi^ith the list of the eases 
herewith presented. Our secretary has not been able to attend to the 
recoiding of the claims decided upon; a clerk has, however, been em- 
ployed upwards of three months; and, with the utmost industry, he has 
not recorded more than thirty -four claims; they average twenty-one 
pages each, of seventy -two words; he has likewise rendered this board 
other services, which could not be dispensed with, and for which he 
Las not received any compensation. 

It will be seen, by reference to the descriptive lists of the claims 
herewith forwarded, that, in many instances, the surveys have been 
made long after the date of the grants. This has been owing in some 
cases to the unsettled state of the country, previous to the cession; the 
Indians have some times interfered to prevent surveys; and, indeed^ 
within the la&t season, attempts have been made by tiiem ta obstruct 



188 [lil] 

the surveying of lands within eighty miles of St. Augustine. A course 
has been pursued by some of the claimants calculated, if submitted to^, 
to injure the United States; and we think proper to point it out to 
Congress, in order that such instructions may be given to the Survey- 
or General as may present such a result. To obtain grants of lands, 
the practice under the Spanisli Government was for tiie applicant, to 
set forth, in a memorial to the Governor, his wants, and asking for larsds 
corresponding to the number of his family at some particular place 
described in his memorial. To these applications, the usual reply of the 
Govei-nor was, *' let the lands asked for be granted, without injury 
to a third person." If the grantee, upon examination, did not take the 
lands granted, he again, by memorial, applied for a change of location, 
and, in many instances, leave has been given. Recently, say since 1 8 1 8, 
persons io whom lands were granted previous to that time, at places 
designated in their memorials, have, without any application for leave 
to do so, changed their locations and had lands surveyed atone hun- 
dred miles distance from the spots asked for and granted to them. 
This course does not appear to have been sanctioned by the Govern- 
ment, and indeed it seems so contrary to the interests and policy of 
the Spanish government, that we cannot for a moment believe that 
such a course would have been a]lov>^ed or tolerated. In conlirming 
the claims, or in recommending them for confirmation, the Commis- 
sioners have looked only to the grants; the surveys, when they do not 
correspond with the grants, should not, in our opinion, be at all attend- 
ed to, but that the Surveyor General should be instructed to survey the 
lands claimed, at the places pointed out in the memorials and grants. 

The Commissioners have declined making a report upon a number 
of large grants under the royal order of 1815, and which have been 
submitted for adjudication. 'Tis believed that testimony may be, in 
a short time, procured, which will have an important bearing upon 
the grants made in virtue of that order; and, as a very large propor- 
tion of the lands claimed in the territory have been granted under it, 
we have considered it important to delay making, at this time, a final 
report of them. This delay will not operate to the prejudice of the 
clainjants, as, from the w^ant of sufficient clerks, the testimony and re=. 
cords necessary to be submitted to Congress, cannot be prepared in 
time for that body to decide at its present session npon the validity of 
their titles. 

In an edict of his Catholic Majesty, dated Madrid, June 8, 1814, 
'tis ordered, that, in the distribution of lands ^'the Intendants, 6tc. 
shall adhere to the laws of the Indies, and particularly to the royal 
instruction of the 15th of October, 1754." We have not been able to 
procure the latter document, and we suggest the propriety of apply- 
ing, through our Minister at Madiid, for a copy of it. 

We have inquired of the Secretary, and find that the hare sum of 
trvelve dollars and sixty -four ce7its, has been received on account of the 
recording fees, under the former act of Congress, and that the board 



Cm] 189 

liave never received any sum whatever to apply towards lessening ilie 
expences of the commission., We have the honor to remain, &c, 

DAVIS FLOYD, 
GEO. MURRAY, 
W.H.ALLEN. 

The honorable Wixliam H. Crawfosd, 

Secretary of the Treasiiry, Washington City, 



STATEMENT. 

Whole number of Claims to land filed in the office of the 

board of Land Commissioners for East Florida, - 1004 

Whole number of Claims lodged in the office, since the law 

expired - - - - - _ 13 

Whole number of Claims under 1000 acres - - 757- 

Whole number of Claims confirmed under 1000 acres, - 1S2 

Whole number of Claims confirmed over 1000 acres, - 10 

Whole number of Claims under the donation act of 640 acres, 43 

Whole number of Claims under the donation act of 640 

acres confirmed, - - - - - 3 

Whole number of Claims recorded, averaging 21 pages of 

72 words each, ----- 41 

Number of British grants acted upon and ascertained to be 

invalid, - - - - - - 56 

Number of British grants recommended as valid over 3,500 

acres ------ £ 

Number of Claims recommended foi* confirmation not exceed- 
ing 3,500 acres, ----- 20 

Number of Claims undefined in quantity, but recommended 

for confirmation, - - - - - 4 

Number of Claims recommended for confirmation, but not 

reported, - - - - - - 18 

Number of Claims held under advisement, = - 80 

Number of Claims rejected. - - - - 4 



RECAPITULATION. 

Claims confirmed - . - - » 145 

Claims recommended for confirmation - - • 26 

Claims ascertained to be invalid, - - - - 4© 

Claims recommended for confirmation, hut not reported, - 18 

Claims held under advisement, - - - - 80 

Total of Claims acted upon. - - - . 30<? 
LI 



[lit 3 



mi;nutes 



OF 



The Proceedings of the Commissioner's appointed t&^ 
ascertain Claims and Titles to Land in East Flori- 
da, for the year 1824, 



District of East Florida, 
Board of Land Commissioners, 
St. ^^ngustine, Monday ^ 29th March, 1824. 

Pursuant to an act of Congress, entitled *' An act to extend the 
time limited for the settlement of private land claims in the territory 
of Florida," passed the 19th February, 1824, and, agreeable to public 
notice, published in the East Florida Herald of the 2rth of March^ 
1824, the Board met this day. 

Present the Hon. Davis Floyd and W. W. Elair, and proceeded to 
open their session for the performance of the duties assigned to their 



Whereupon,^ the following resolutions were adopted by the Board: 

Resolved, That, in consequence of the government having failed to 
supply us with the means of paying for the services of assistant 
clerks, as secretaries, the employment of Mr. J. H. Lawrence, as^ 
mktuting secretary, is no longer proper. 

Resolved, That the services of Mr. John Lowe, as messenger, be 
discontinued^ and tha;t office abolished; and that the said Lowe be di- 
rected t©^ furnish his account for services since his appointmcnti 

Resolved, That it be no longer the duty of the Secretary of this- 
Board to fill up blank memorials for claimants. 

Resolved, Tliat hereafter the Secretary shall not he permitted ta 
copy, or translate, any pa{»er, for any person, unless authorized by 
an order of the Board; and this order shall be taken to extend to the 
members of this Commission individually. 

Edgar Macon, Esq, United States' Attorney for the District of 
East Florida, .was present this day at the sitting of tlie Board, nndea" 
their order. 

Resolved, That the Secretary of this Board be instructed to report 
at our next meeting the amount of money received for recording me- 
morials and evidence of titles, since the office was present. 

William Ovington, executor of James Alexander, deceased^, pre- 
sented his memoriall to this. B-oardj praying cosilirmation oft title- ta^ 



[ iit ] 19i 

seven acres of land in the precincts of the city of St. Augustine, 
with copy of a certificate of survey, made by Andres Burguin, and 
dated November 2d, 1819 — also, a copy of conveyance from Bar- 
telome de Castro y Ferrer to James Alexander, dated 26th No- 
vember, 1819, which was rejected. 

Constance M'Fee, by her attorney, G. W. Perpall, presented her 
memorial to this Board, praying confirmation of title to four hundred 
and forty-six acres of land on St. John's river, on Julington and Cun- 
ningham creeks, with a certified copy of royal title, made in favor of 
Andres Clark, by Governor Quesada, the 10th of December, 1791 — 
also, a decree of the Government relative to property of the said An- 
dres Clark, dated 12th December, 1804; also, a copy of a plat of 
survey — which are ordered to befi^led. 

The following British claims were this day presented to the Board, 
viz: 

The Earl tff Grosvenor, for twelve [thousand acres of land, on tlie 
vest side of St. John's river. 

Sir W. H. Cooper, for twenty thousand acres of land, on the east 
sideof Indian river. 

The Earl of Bisborough, for twenty thousand acres of land, on the 
«ast side of St. John's river. 

The Hon. John Beresford, twenty tliousand acres on the east side 
«f St. John's river. 

The Hon. William Beresford, twenty thousand apres on the east 
side of St. John's river. 

Lord Templeton, twenty thousand acres of land on a branch of 
North Hillsborough river. 

Lord John Rolle, twenty thousand acres of land on the east sideof 
St. John's river. 

Marquis of Hastings, twenty thousand acres ©n the western side of 
St. John's river. 

Marquis of Waterford, twenty tiKKisand acres on the east side of 
St. John's river. 

The Earl of Cassalis, twenty timnsand acres on the east side of 
Lake George. 

Heirs of F. Tonyn, Esq. for twenty thousand acres, and one hun- 
dred and twenty-five acres, the first on the west side of St. John's 
river, and the last on Wood Cutter's Creek. 

Heirs of Jane Tonyn, for mm thousand acres on the Twelve Mile 
Swamp. 

Jane Hughes, for two thousand acres on Nassau. 

James Patterson, for two hundred at)d fifty acres, head of Rains- 
ford Saw Mill Creek. 

Heirs of David Yeats, one hundred acres, head of Sebastian Creek, 
one hundred and fifty-eight acres ilve miles north of St. Augustine, 
one thousand acres at the head of Tolomato river; six hundred and 
forty acres at Diego Fort; five hundred acres at the forks of Rains 
Cowpen Creek; two hundred acres at Rains Cowpen Creek; three 
liundrcd and thirty-sis acres at the Twelve Mile Swamp; six hundred 



192 fm] 

and twenty-five acres on a branch of Nassau rirer; one town lot, No. 
2, on Granville's Quarter^ one town lot, No. 3, on Grenville's Quar- 
ter — 

Whereupon, it is ordered, that these claims be rejected, the appli- 
cants having failed to show that they are bona Jide citizens of the 
United States, and that they have never been compensated for tho^e 
claims by the British government, from whom they derive title. 

The Board then adjourned until to-morrow, at 3 o'clock P. M. 

THURSDAY, April 1, 1824. 

The Board met this afternoon at three o'clock. 

Present, The Honorables Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' Attorney, for the District of 
East Florida, attended the Board, this day under their order. 

Agreeably to a resolution, passed by the Board on the 29th ultimo, 
the Secretary thereof presented an abstract of moneys received for 
recording claims, amounting to tivelxe dollars and sixty-four cents, 
which was ordered to be filed. 

Bartolome Mestre presented to this Board his memorial for six 
hundred acres of land, lying on the West side of Matanza river, at a 
place called Holmes Old Plantation, with a certified copy of conces- 
sion to Jose{j{i Yus and Antonio Mestre, by Governor Quesada, dat- 
ed the 8th of August. 1794, and marked B; also, a plat and certifi- 
cate of survey, made by George J. Fc Clarke, in favor of the memo- 
rialist dated January 12th, 1820, and marked A^ all of which are 
ordered to be filed. 

Samuel Wilson presented his memorial to this Board for one hun- 
dred and fifty acres of land, lying at a place called Trout Creek, ou 
the North bank of the river St. John, with a deposition of William 
Lane, dated January 7th, 1824, and marked W.j which are ordered 
to be filed. 

William Lane presented his memorial to tiiis Board for four hun- 
died acres of land, situated on St. Mary's river, at a place called 
Cabbage Swamp, on Goodwin plantation, with a deposition of Sam- 
uel Wilson, dated January 7th, 1824, and marked L.j whicii was or- 
dered to be filed. 

William Lane presented liis memorial to this Board for one hun- 
■ dred acres of land, situated on Little St. Mary's river, at a place for- 
merly occupied by Mrs. Nily, with reference to the public archives; 
which is ordered to be filed. 

William Lane presented his memorial to this Board for three hun- 
dred acres, situated about three miles North of tiie Cowford, St. 
John's river, at a place called Hagins, with leference to the public 
archives; which is ordered to be filed. 

William Lane presented his memorial to this Board for three hun- 
dred acres of land, situated on six mile creek, at a place called Hick- 
ory Grove, with reference to the public archives; which is ordered 
to'^be filed. 



[Ill] 193 

Andrew R. Govau presented his memorial to this Board for six 
hundred acres of land, situated on St. John's river, near a place call- 
ed Puiena Vista, and known by the name of Orange Grove, with a 
certified copy of royal title, made in favor of Thomas de Aguilar, by 
Governor Coppinger, dated the 4th of June, 18i7, and marked S,; 
also, a plat and certificate of survey, to said Aguilar, by George J. 
F. (,riarke, dated the 15th of April, 1818, and marked A.; also, a 
conveyance from Francis P. Sanchez, to memorialist, dated the 13th 
of August, 1821. 

James Falany presented his memorial to this Board for two hun- 
dred and eighty five acres of land, situated on Matanza river, south- 
ward of St. Augustine, with a certified copy of concession for one 
hundred acres to Pedro Chavet, by Governor White, dated Septem- 
ber 3dv 1805, and conveyance from the same to memorialist, marked 
J.^ also, concession for one hundred and eighty-five acres, made in 
favor of memorialist, by Governor Estrada, the 17th November, 1815, 
and marked B.; also, a plat and certificate of survey made by An- 
dres Bergevin, dated October 6th, 1821, and marked F ; with a me- 
morial and order of survey, dated April 10th, 1821, and marked K.; 
which are ordered to be filed. 

Reuben Lasseter presented liis memorial to this Board for two hun- 
dred and fifty acres of land, situated on Great Dunn's Creek, St. 
Mary's river, with a plat and certificate of survey made by Ge rge 
J. F. Clarke, and dated October 13th, 1818, and marked B.; which 
are ordered to be filed. 

Reuben Lasseter presented his memorial to this Board for fifty 
acres of land, on Great Dunn's creek, St. Mary's river, with a plat 
and certificate of survey made by George J. F. Clarke, dated Octo- 
ber 14th, 1818. and marked A.; which are ordered to be tiled. 

Magdalena Medicis, widow of Lorenzo Solana, deceased, present- 
ed her memorial to this Board for one thousand acres of land, situ- 
ated on the south side of Six Mile creek, St. John's river at a jilace 
known by the name of Mrs. Yuster's plantation, with a certified copy 
of royal title, made in favor of said Solana, by Governor Coppinger, 
dated the 27th of May, 1819, and marked C; also, a plat and certi- 
ficate of survey made by Andres Burgevin, dated the 1st of July, 
1821, and marked A.j also, a memorial, dated June 8th, 1821, and 
order of survey, dated June 14th, 1821, marked B.; which are or- 
dered to be filed. 

J. Freeman Rattenbury presented his memorial to this Board for 
two thousand six hundred acres of land, situated in the following man- 
ner, viz: One-sixth part thereof situated on the southern extremity 
of Jupiter Island; one-sixth part on the point situated to the north 
thereof, on Indian river, and the four remaining parts in the wood, 
or swamp, in the south-east part of Lake George, without exhibits; 
which was, after due consideration^ rejected by the Board. 

J. Freeman Rattenbury, et al. presented their memorial to this 
Board for fifty thousand acres of land, in East Florida, without ex- 
hibits, which was rejected by the Board. 

The Board then adjourned until to-morrow afternoon, at 3 o'clock. 



[Hi] 

FRIDAY AFTERNOON, April 2, 1824. 

The Board met this day pursuant to adjournment. 

Present, The Honorables Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' attorney, for the District of 
East Florida, attended the Board, this day, under their order. 

No business appearing, the Board adjourned until to-morrowj at 
S o'clock, P. M= 

SATURDAY AFTERNOON, April 3, 1824. 

The Board met thi^day pursuant to adjournment. 

Present, The Honorables Davis Fioyd, and William W. Blair. 

Edgar Macon^ Esq. United States' Attorney, for the District of 
East Florida, attended t!ie Board under their order. 

No business appearing, the Board adjourned sj^tii Saturday, the 
1 0th instant, at S o'clock, P. M. 

MONDAY, Apiiii 12, 1824. 

Agreeably to public notice, published in the East Florida Ilerakl, 
of the 10th instant, the Board met this day. 

Present, The Honorables Davis Floyd,' and William W. Blair. 

Edgar Macon, Esq. United States' Attorney, for the District of 
East Florida, attended the Board, this day, iinder their order. 

Philip Dewees, and Mary Dewees, his wife, presented their me- 
morial to this Board, praying confirmation of title to one hundred 
acres of land, situated on Guana river, with a royal title, made \ii 
Cavor of the children and heirs of Francis X. Sanchez, deceased, by 
Governor White, dated February 6th, 1811, and marked A.^ which 
are ordered to be filed. 

The Board then adjourned until to-morrow, at 2 o'clock, P. M. 

TUESDAY, Afril 13, 1824. 

The Board met this day, pursuant to adjoiiniir,ent. 

Present, The Honorables Davis Floyd,' and William W. Blair. 

Edgar Macon, Esq. United States' Attorney, attended the Boar<l 
this day, under their order. 

The following claims, viz. Robert Miller, et ux, for 60 acres; Tuck- 
er's administratrix, for 230 acres; John Underwood, for 600 acres, 
were called: whereupon, they respectively came, by their attorney, 
and said they are not pi-epared for trial. It is therefore considered 
by the Board, and they ordered, that the said cases stand for tria! 
^lext after the case upon the docket. No. '7. 

The Board then adjourned until to-morrow, at 2 o'clock, P. Mn. 



I Hi ] 195 

WEDNESDAY, April 14, 1824. 

The Board met this «lay pursuant to adjournment 

Present, The Hon. Davis Floyd, and Wm. W. Blair- 

Edgar Macon, Esq. United States Attorney for the District of 
Mast Florida, attended the Board this day, under their order. 

John Richards' heirs vs. The United States, for 230 acres of land. 
This case heing called, and not being prepared for trial, it is there- 
fore considered and ordered by the Board, that it stand on the docket 
for Friday, 28th inst. 

Francis J. Avice vs. The United States, for 6,000 aeres. This case 
being called, and, after examining Francis J. Fatio therein, it w&s 
submitted, and, after due consideration, was advised for confirmation. 

Bernard Segui vs. The United States, for 300 acres. This case 
was submitted, and, after due consideration, was confirmed. 

The Board then adjourned until to-morrow, at 2 o'clock, P. M. 

THURSDAY, April 15, 1824. 

The Board met this day, pursuant to adjournment. 

Present, The Honorables Davis Bloyd, and Wm, W. Blair. 

Edgar Macon, Esq. United States Attorney for the District of 
East Florida, attended The Board this day, under their order. 

Isaac Hendricks vs. The United States, for 2l6 acres, was called 
into consideration, and rejected with leave to move the Board for a 
reconsideration thereof, at a future period. 

John Houston vs. The United States, for £70 acres. Upon the" 
ealling of this claim, it appearing to the satisfaciiois of this Board: 
that the same is not prepared for adjudication, it is ordered to be 
placed at the foot of the docket. 

Bernard Segui vs. The United States, fiyv 16.000 acres. This case 
being called, and the Board not being sufficicntiy advised therein, it 
!S ordered that it lay over for further investigation. 

The Board adjourned until to-morrow, at 2 o'clock, P. M. 

FRIDAY, AmiL. 16, 1324. 

The Board met this day, pursuant to adjournment. 

Present, The Honorabfes Davis Floyd, and W. W. Blair. 

Edgar Macon, Esq. United States Aitorney for the Disti-ict of 
East Florida, attended the Board this day, uiuler tiicir order. 

The three following cases, viz. 

John Houston, for 160, 155, and 120 acres, being called, and not 
being pr-^pared for trial, it is, therefore, considered, and ordered by 
the Board, that they he placed at the foot of the docket. 

Permission having been obtained, Joseph M. Arredondo presented 
liis claim to the Board for 20,000 acres of land .^or adjudication, 
which was submitted, and, after due consideration, it was advised 
for confirmation. 

The Board adjourned until to-morrow, at 2 o'clock, P. M, 



196 [ ill ] 

SATURDAY, April 17, 1824, 

The Board met this day, pursuant to adjournment. 

Present, The Hon. Davis Floyd, and W. W. Blair. 

Edgar Macon, Esq. United States Attorney for the District o^ 
East Florida, attended the Board this day, under their order. 

The three following claims, viz. 

Daniel C. Hart, 150 acres. Robert Miller, 6Q5 acres, and Sarah 
Fish, 10,, 00 acres, being called, and not being prepared for trial, 
it is therefore considered, and ordered by the Board, that they be 
placed at the foot of the docket. 

No further business appearing, the Board adjourned until Monday 
next, the 19th instant, at 2 o'clock, P. M. 

MONDAY, April 19, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd, and W. W. Blair. 

Edgar Macon, Esq. United States attorney for the District of 
East Florido, attended the Board this day, under their order. 

Sarah Fish vs. The United States, for 500 arres of land. This 
case having been taken into consideration by the Board, and after 
examining Gabriel W. Perpall therein, it was rejected. 

John F. Brown vs. The United States, for 95 acres of land. This 
case was submitted, and, after due consideration, having examined 
F. J. Fatio therein, it was confirmed. 

John F. Brown vs. the United States, for 51 acres. This case was 
submitted, and the Board having examined Francis J. Fatio therein, 
after due consideration, confirmed the same. 

The Board adjourned until to-morrow, to 2 o'clock, P. M. 

TUESDAY, April 20, 1824. 

The Board met this day, pursuant to adjournment. 

Present, The Honorables Davis Floyd, and W. W. Blair. 

Edgar Macon, Esq. United States Attorney for the District of 
East Florida, attended the Board this day, under tiieir order. 

Mariano A- Berta vs. The United States, for 186 acres of land. 
This case was submitted and confirmed 

George Atkinson vs. The United States, for 350 acres of land. 
This case was submitted, and after examining Francis J. Fatio there- 
in, was confirmed. 

Elilw Woodruff vs. The United States, for 350 acres of land. 
This case beiog called, was taken into consideration, and rejected by 
the Board. 

The Board then adjourned until to-morrow, at 2 o'clock, P. >L 



C HI ] 197 

WEDNESDAY, April 21, 1824. 

The Board met this tlay, pursuant to adjournment. 

Present, the lion. Davis Floyd and W. W. Blair. 

Ed,5?ar Macon, Esq. United States' Attorney for the District of 
East FJorida, attended the Board this day. 

Jose Bernai'do Reyes vs. The United States, for 200 acres of land. 
This case heing called, it came by its attorney, who said it is not 
])iepared for trialj it is, there;jrc, considered by the Board, and 
they order that the said case stand for trial at the foot of the docket. 

The two following claims, viz. Samuel Worthington, for 100 
acres, and Samuel Worthington, for 100 acres, being called, and 
not being prepared for trial, it is therefore considered and ordered 
by the Board, that they be placed at the foot of the docket. 

No further business appearing, the Board adjourned until to-mor- 
row, at 2 o'clock, r. M. 

THURSDAY, April 22, 1824. 

The Board met this day, pursuant to adjournment. 

Present. Tiie Honorable Davis Floyd, and W. W. Blair. 

Edgar Macon, Esq. United States' Attorney for the District of 
Eaf4t Florida, attended the Board this day, under their order. 

Isaac Hendricks vs. The United States, for 350 acres of land. 
This case being called, was submitted, and, after examining Fran- 
cis J. Fatio therein, was confii-med. 

Robert Hutchinson vs. the United States, for 150 acres of land. 
This case being called, and not being prepared for trial, it is there- 
fore considered and ordered by the Board, that it be placed at the foot 
of the docket. 

Nathaniel Wilds vs. the United States for 333^ acres. This case 
being called, was submitted, and, after due consideration, was con- 
firmed by the Board- 

The Board then adjourned until to-morrow, at 2 o'clock, P. M. 

FRIDAY, April S5, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and W. W. Blair. 

Edgar Macon, Esq. United States* Attorney for the district of 
East Florida, attended the Board this day, under their order. 

Nathaniel Wilds vs. the United States, for 300 acres of land. This 
case being called, and not being prepared for trial, it is therefore 
considered and ordered by the Board, that it be placed at the foot of 
the docket. 

William Hart vs. the United States, for 200 arcesof land. This 
case being called, was submitted, and, after examining Francis J» 
Fatio therein, was confirmed. 
Mm 



198 Lm] 

Mary Smith vs. tlie United States, for 350 acres of land. This 
case beini? called, was submitted, and, after exanoiining John Cavedo 
therein, was confirmed. 

Pursuant to a memorial by Moses E. Levy, prayinj^ for a copy of 
his memoiial and evidence of title in his claim for 36,000 acres of 
land in iVlachua, it is ordered that the same be made out, and that the 
Secretary certify a true a«d complete transcript thereof. 

The Board then adjourned until to-morrow, at 2 o'clock, P. M. 

SATURDAY, April 24, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and W. W. Blair. 

Edj^ar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day, under their order. 

Mary Smith vs. the United States for 450 acres of land. This 
case being called, was submitted, and, after examining Bernard Se- 
gui therein, was confirmed. 

Archibald Clark et al. for 250, and Levin Gunby for 400 acres. 
These cases being called, and not being prepared for trial, it is there- 
fore considered and ordered by the Board, that they be placed at the 
foot of the docket. 

The Board then adjourned until Monday, the 2Gth inst. at 2 
o'clock, P. M. 

MONDAY, April 26, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and W. W. Blair. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day, under their order. 

George W. Martin for 300 acres, and Z. Hogans for 200 acres. 
Thesp cases being called, were submitted, and, after due considera- 
tion, were confirmed by the Board. 

Shadrick Stanley vs. the United States for 200 acres. This case 
being called, it came by its attorney, who said it is not prepared for 
trial; it is therefore considered by the Board, and they order that the 
said case stand for trial at the foot of the docket. 

No further business appearing, the Board adjourned until to-mor- 
row, at 2 o'clock, P. M, 

TUESDAY, April 2r, 1824. 

On account of the indisposition of the honorable W, W. Blair, the 
Board was adjourned until to-morrow, at 2 o'clock, P. M. 

WEDNESDAY, April 28, 1824. 

Owing to the continued indisposition of the honorable W. W« 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 



[ 111 ] 199 

THURSDAY, April 29, 1824. 

On account of the continued indisposition of the honorable "W. W, 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 

FRIDAY, April SO, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and W. W. Blair. 

Edsjar Macon, Esq United States' Attorney for the district of 
East Florida, attended the Board this day, under their order. 

The following claims, viz. Frederick McMurren for 450 acres of 
land; A. Bellamy, Sen. for 350 acres; Lewis Mattair for 300 acres; 
Moses E. Levy for 275 acres, and Lewis Mattair 150 acres, being 
called, were submitted and confirmed by the Board. 

Robert Hutchinson vs. the United States for 350 acres of land. 
This case being called was submitted, and, after due consideration, it 
is ordered to lay over for further advisement. 

Charles Love for 300 acres; John Houston for 3585 acres; Robert 
Miller et ux. for 60 acres; Tucker's administratrix for 230 acres; 
John Underwood for 600 acres; and John B. Richard's heirs for 230 
acres. These cases being called, they respectively came by their at- 
torney, and said they are not prepared for trial; it is therefore con« 
sidered by the Board, and they order that the said cases stand for 
trial at the foot of the docket. 

The Board adjourned until to-morrow at 2 o'clock, P. M. 

SATURDAY, May 1, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and W. W. Blair. 

A. Bellamy, Esq. Attorney at the Bar, attended the Board this 
day for Edgar Macon. Esq. District Attorney for the United States. 

Bartolome de Castro y Ferrer for 35 acres of land, and same for 
1000 acres. These cases being called, were submitted and confirm- 
ed by the Board. 

Juan Gianopoly vs. tlie United States for 15 acres of land. This 
case being called, was submitted, and, after having examined G. 
Darling and Philip Solana. after due consideration it is ordered to 
lay over for further consideration. 

The Board then adjourned until to-morrow, at 2 o'clock, P. M. 

MONDAY AFTERNOON, Mat 31, 1824. 

The Board met this day. 

Present, the honorable Davis Floyd and W. W. Blair. 
Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended t!ie Board this day, under their order. 



200 C^lt] 

Archibald Clark presented his memorial to this Board, prayint; 
confirmation of title to 80,000 acres of land, situated at or near Cape 
Florida, with a certified copy of a grant made to John X. Arram- 
bide, by the provincial deputation at Havana, the 4th of December, 
1813; also a special povi'er of attorney from said Ar)anibide to James 
Rixbey, executed at Nassau, New Providence, tiie 15th July, 1817; al- 
so a deed of conveyance from tlie said James Rixbey as attorney in 
fact for the abovementioned Arrambideto Arcliibald Clark, dated the 
1st of December, 1817, with a plat of said land, which are ordered 
to be filed. 

Andrew Atkinson, by his attorney Archibald Clark, presented his 
memorial to this Board praying confirmation of title to 450 acres, 
more or less, situated at a place known by the name of the King's 
Plantation, or Ship Yard, with a copy of royal title made to said At- 
kinson by Governor Coppinger, dated the 5lh of April, 181G, which 
are oidered to be filed. 

William and John Lofton vs. the United States, for 50 acres. — 
This case being called, was submitted and confirmed by the Board. 

John Jones vs. the United States, for 100 acres. This case being 
called, was taken into consideration by tlic Board, and the evidence 
not being sufficient for the confirmation thereof, it was rejected. 

Sarah Petty vs. the United States, for 265 acres. This case being 
called, it was, after due consideration, ordered to lay over for further 
advisement. 

The following claims, viz: Sarah Petty for 200 acres; same for 150; 
Pedro Trope 150; William and John Lofton for 350; and Joseph 
Sommerall for 300, being called, and not being prepared for trial, it 
is, therefore, considered and ordered by the Board, that they be plac- 
ed at the foot of the docket. 

The Board adjourned until to morrow, at 2 o'clock, P. M. 

TUESDAY, June 1st, 1824. 

The Board met this day, pursuant to adjournment. 

Present the Hon. Davis Floyd and W. W. Blair. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day, under their order. 

Permission having been obtained, Pedro Miranda presented his 
claim to this Board for two thousand acres of land, situated at Bern- 
ard, St. John's river, for adjudication, which was submitted, and 
confirmed by the Board. 

Pedro Miranda obtained leave and presented his claim to the Board 
for 2000 acres of land, situated at Big Spring; which was submitted, 
and ordered to lay over. 

The Board adjourned until to-morrow, at 2 o'clock P. M. 

WEDNESDAY, June 2, 1824. 

On account of the indisposition of the Hon. W. W. Blair, the Board 
adjourned until to-morrow, at 2 o'clock P. M. 

Edgar Macon, Esq. United States' attorney for the District of East 
Florida? attended the Board this day, under their order, 



illl] 20i 

THURSDAY, June 3d, 1 824. 

Owing to the continued iudisposition of the Hon. W. W. Biair, the 
Board adjourned until to-morrow, at 2 o'clock. 

Edgar Macon, Esq. United States' Attorney, attended the Board 
this day, under their order. 

FRIDAY, June 4th, 1824. 

The Boar-I met this day. 

Present the Hon. Davis Floyd, and "W, W. Blair. 

Edgar Macon, Esq. United States's Attorney for the District of 
East Florida, attended the Board this day, under their order. 

The widow and heirs of Antonio Andrew, deceased, presented their 
memorial to the Board, praying confirmation of title to one hundred 
and twenty acres of land, situated on the North river, about nine 
miles north of St Augustine, with a certisied copy of royal title, made 
in favor of Lorenzo Capelia. by Governor White, and dated the 10th 
of April, 1804 — also, a certified copy of conveyance from said Ca- 
pello to Antosiio xindrew, dated the l6th February, 1805, and mark- 
ed A; which are ordered to be filed. 

Joseph Summerall vs. the United States, for 400 acres of land. 
This case being called, was submitted, and, after due consideration* 
was confirmed by the Board. 

The Board then adjourned until to-morrow, at 2 o'clock F. M. 

SATURDAY, June 5th, 1824. 

The Board met this day, pui'suant to adjournment. 

Present the Hon. Davis Floyd and W. W. Blair. 

Edgar Macon, Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

Jiun 8egui presented his memorial to this Board, praying conSrm-' 
atioi! of title to one hundred and seven acres of land, situated on the 
Korth I'iver, about nine miles north of St. Augustine, with a certified 
copy of conveyance from Lazaro Ortega to memorialist, dated the 
29' h of April, 1809, marked and referred to as exhibit Sj which are 
ordered to be filed. 

Antonio Proctor vs. the United S^tes, for 185 acres of land. This 
case being called up, was submitted, and confirmed by the Board. 

Joseph Deiespine us. the United States, for 43,000 acres of land. 
This case being railed, the Board examined George J. F. Clark, 
Antonio Alvarez, and Pablo F. Fontane therein, and, not being suffi- 
ciently advised therein, it is ordered to lay over for further investiga- 
tion. 

Ramon Sanchez vs. the United States, for 200 acres of land. This 
case being called, and being prepared for trial, was submitted, and 
confirmed by the Board. 

Permission having been obtained, F. M. Arredondo, by his attor- 
ney, presented his claim to the Board for 15,000 acres of land, fop 



202 [111] 

adjudication, which was submitted, and, after due consideration, it is 
ordered, that the same be advised for confirmation. 

There being no further business, the Board adjourned until Monday 
next, at £ o'clock P. M. 

MONDAY, June 7th, 1824. 

The Board met this day, pursuant to adjournmout. 

Present, the Hon. Davis FJoyd and W/W. Blaii-. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board tliis day, under tlieir order. 

Francis P. Sanchez vs. the United States, for 100 acres of land. 
This case was called, and, being prepared for trial, was submitted 
and confirmed by the Board. 

The Board adjourned until to-morrow, at 2 o'clock P. M. 

TUESDAY, June 8th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and W. W. Blair. 

Edgar Macon. United States' Attorney for the district of East 
Florida, attended the Board, under their order. 

The two following claims, viz: Francis P. Sanchez, for 900 acres 
and 200 acres of land, being called, and not being prepared for trial, 
it is therefore considered, and ordered by the Board, that they be 
placed at the foot of the docket. Francis P. Sanches, for 220 acres, 
same for 380 acres of land. These cases being called, and not being 
fully advised therein, it is ordered that they be postponed until the 
10th instant. 

The Board then adjourned until Thursday next, the 10th inst. at 
2 •'clock. 

THURSDAY, Jtd'ne 10th, 1824. 

The Board met this day. 

Present, the Hon. Davis Floyd and W. W. Blair. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day, under their order. 

Francis P. Sanchez, vs. the United States, for 220 acres of land. 
This case came by its attorney, John Drysdale, who obtained per- 
mission and introduced, as additional testimony, Gabriel W. Perpall; 
the Board being fully advised of and concerning the same, it was 
confirmed. 

Francis P. Sanchez vs. the United States, for 380 acres, and same 
for 800 acres. These cases being called, came, by their attorney, 
John Drysdale, and being prepaied for trial, were submitted, and the 
Board being fully advised thereof, they were confirmed. 

The following cases, viz: Francis P. Sanchez, for 345 acres, same 
for 2700 acres, and Philip R. Yonge, for 2000 acres of land, being 



[Ill] 208 

called, and not beinji^ pi-oposed for trial, it is, therefore, ordered by 
the i*oard, that they he placed at the foot of the docket 

The Board then adjourned until to morrow, at 2 o'clock P. M. 

FRIDAY, June 11th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and W. W. Blair. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day, under their order. 

The following claims, viz: George Atkinson, for 1,060 acres, and 
same for 550 acres of land, being called, were submitted, and the 
Board being fully advised of and concerning the same, the first was 
advised for confirmation, and the next confirmed. 

George Atkinson, for 220 acres, same for 600 acres, and same for 
390 acres of land. These cases being called, and not being prepared 
for trial, it is therefore considered, and ordered by the Board, that 
the said cases stand for trial at the foot of the docket. 

The Board then adjourned until to-morrow, at 2 o'clock P. M* 

SATURDAY, June 12th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and W. VV. Blair. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day, under tlieir order. 

Robert Miller et ux vs. the United States, for 60 acres of land. 
This case being called, was taken into consideration by the Board, 
and the evidence not being sufficient for the confirmation thereof, it 
was rejected. 

Tucker's Adm. vs. the United States, for 230 acres of land. This 
case being called, and being prepared for adjudication, was submitted, 
and confirmed by the Board. 

Francis Terreira, by his attorney, George Murray, obtained per- 
mission, and presented his claim to the Board for an Island called 
Key Vacas, for adjudication; which was submitted, and, after exam- 
ining Jose Bernardo Reyes therein, was ordered to lay over for fur- 
ther consideration. 

The Board then adjourned until Monday next, at 2 o'clock P. M^ 

MONDAY, June 14th, 1824. 

The board met this day, pursuant to adjournment. ^ 

Present, the Hon. Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' attorney for the district of East 
Florida, attended the Board this day, under their order. 

No business appearing before the Board, they adjourned until to 
morrow at two o'clock, P.M. 



W4 [HI] 

TUESDAY, June 15th, 1824. 

The Board met this day, pursuant to adjonrnment. 

Present, the Hon. Davis Floyd and William W. Blair. 

Edgar Macon, Esq., United States' Attorney for the District of 
East Florida, attended the Board this day under th^ir order. 

Mr Murray, attorney for F M. Arredondo, was permitted hy the 
Board, to withdraw the following' claims,, namely, fOO acres, 200 
acres, and 500 acres of land, for the purpose of amending the memo- 
rials thereof, by substituting the name of F J, Fatipr et al in place of 
F. M. Arredondo. 

The counsel for theheirs of Charles W. Bulow^. deceased, were al- 
lowed to withdraw their memorials for 4675 acres of land, for th» 
purpose of amending the same. 

The Board adjourned, until to-morrow at two o'clock P. M. 

WEDNESDAY, June 16th, 1824. 

On account of the indisposition of the Hon. William W. Blair, the 
Board adjourned until to morrow at two o'clock, P. M. 
Edgar Macon, Esq. United States* Attorney for the District of East 
Florida, attended the Board this day, under their order, 

THURSDAY, Jitxe 17, 1824, 

The Board met this day, pursuant to adjournment. 

Present, The Hon. Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' Attorney, for the District of 
East Florida, attended the Board this day^ under their order, 

Francis J. Fatio, for himself, the widow, and other heirs of Philip 
Fatio, deceased, obtained leave, and presented their memorial to the 
Board, praying confirmation of title to 700 acres of land, and two 
small marsh islands in front, which was submitted; and the Board 
not being fully advised thereof, the said claim was laid over, with 
leave to produce further evidence concerning the same. 

Robert Hutchinson vs. the United States for 350 acres of land; 
M. Bellamy, attorney for claimant, obtained, and presented the same 
with further evidence; and the Board being fully advised of, aud con 
cerning the same, it was confirmed. 

Mr. Drysdale, attorney for Francis P, Sanchez, obtained leave 
from the Board, and filed, this day, sundry documents on the claimj- 
following, viz. 800 acres; 2,700 acres; and 345 acres. 

The Board adjourned until to-morrow, at two o'clock. 

FRIDAY, June 18, 1824. 

The Board met this day, pursuant to adjournment. 
Present, The Hon. Davis Floyd, and William W, Blair, 
Edgar Macon, Esq. United States' Attorney, for the District of 
East Florida, attended the Board this dav, under their order. 



[Ill] 205 

Isaac Hendricks vs. the United, States for 216 acres of land; upon 
application of Mr. Bellamy, attorney for claimant, the order oi re- 
jection, in this case, was set aside, and, upon further evidence being 
submitted to the Board, it was confirmed- 

On motion of the district attorney, George J F. Clarke was ex- 
amined in the case of Francis Ferriera vs. the United States, for ICey 
Vacas; and, on motion of Mr. Murray, attorney for claimant, Pedro 
Miranda was also examined therein. 

On motion of Mr. Murray, George J. F^ Clarke was examined in 
the case of Francis J. Fatio, et. al. vs. the United States, for 700 
acres of land. 

The Board adjourned until to-morrow, at two o'clock, P. M. 

SATURDxiY, JuNB 19th, 1824. 

The Board met this day, ])ursuant to adjournment. 

Present, The Hon. Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' Attorney for the District of 
East Florida, attended the Board this day. under their order. 

The following claims, viz. John Houston, for 270 acres; same, for 
160 acres; same, for 155 acres; and same foi* 120 acres of land, be- 
ing called, w'ere submitted; asid, the Board not being fully advised 
thereof, the said claims were laid over, with leave to produce further 
evidence concerning the same. 

Tlie Board resumed tlie consideration of the case of Francis Fer- 
reira vs the United States for A>i/ Vacas, and examined Gabriel W, 
Perpall, and Ede Van Evour, therein; and the same was advised fop 
confirmation. 

The Board adjourned until Monday next, at two o'clock, P. M. 

MONDAY, June 21, 1824. 

The Board met this day, pursuant to adjournment. 

Present, The Hon. Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' Attorney, for the District of 
East Florida, attended the Board this day, under their order. 

John Houston, for 270 acres; same, for 160 acres; same, for 155 
acres; same, for 120 acres; Samuel Worthington, for 100 acres, and 
Robert Hutchinson, for 150 acres of land; these cases being called, 
and, after examining George J. F. Clarke therein, were, after due con- 
sideration, confirmed by the Board. 

Samuel Worthington vs. the United States for 100 acres. This 
case being called, and the evidence not being sufficient for confirma- 
tion thereof, it was rejected by the Board. 

Shadrick Stanley vs. the United States for 300 acres of land. This 
case being called, George J. F. Clarke was examined therein, and 
the Board not being sufficiently advised therein, it was ordered to lay 
over for further advisement. 
Nn 



206 [111] 

On motion, Nicholas Tlodreguez was permitted by the Board to 
withdraw his claim for 100 acres, on Anastatia island, for the pur- 
pose of amendin.^ the memorial thereof 

The Board adjourned until to-morrow, at 2 o'clock, P. M. 

TUESDAY, June 22, 1824. 

On account of the indisposition of the Hon. William W, Blair, the 
Board adjourned until to-morrow, at 2 o'clock, P. M. 

Ed,^ar Macon, Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

WEDNESDAY, JuiVE 23, 1824. 

Owing to the continued indisposition of the Hon. William W. 
Blair, tlie Board adjourned until to-morrow, at 2 o'clock, P. M. 

Ed.^ar Macon, Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

THURSDAY, June 24, 1824. 

On account of the continued indisposition of the Hon. William W. 
Blair, the Board adjourned until to-morrow, at 2 o'clock. 

Ed,^ar Macon Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

FRIDAY, June 25, 1824. 

Owinj^to the continued indisposition of the Hon. William W. Blair, 
the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney, for the District of 
East Florida, attended the Board this day, under their order. 

SATURDAY, June 26, 1824. 

Owing to the continued indisposition of the Hon. William W.Blair, 
the Board adjourned until Monday next, at 2 o'clock. P. M. 

Edgar Macon. Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

TUESDAY, June 29, 1824. 

The Board met this day. 

Present, The Hon. Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

There being no regular business on the docket, on motion of Mr» 
Murray, the foUovving claims came before the Board, viz: John B. 
Entralgo, for 20,000 acresj same for 4,000^ and same for 2,000 acres 



C 111 ] - 207 

of land- The Board having examined B. Segui therein, and being 
fully advised of and concerning the same, they were severally advised 
for confirmation. 

The Board adjourned until to-morrow, at 2 o'clock, P. M. 

WEDNESDAY, June 30, 1824. 

The Board met this day pursuant to adjournment. 

Present, The Hon. Davis Floyd, and William W. Blair. 

Edgar Macon, Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

On motion of Mr. Bellamy, leave was given to amend a memorial 
for S58i acres of land, by substituting the name of John Christopher, 
in the place of John Houston; and, also, with leave to introduce, as 
evidence in the said case, the will of Spicer Christopher. 

Permission having been obtained, and there being no regular busi- 
ness on the docket, John B. Entralgo, by his attorney, presented the 
following claims, viz: 1,000 acres; 10,400 acres; and 4,000 acres of 
land. The Board having examined Jose B. Reyes therein, and being 
fully advised of and concerning the same, the first thereof was con- 
firmed, and the two last advised for confirmation. 

The Board adjourned until to-morrow, at 2 o'clock, P. M. 

THURSDAY, July 1, 1824. 

On account of the indisposition of the honorable William W. Blair, 
the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day, under their order. 

FRIDAY, JuLF 2, 1824. 

Owing to the continued indisposition of the honorable William W. 
Blair, the Board adjourned until to-morrow. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day under their order. 

TUESDAY, July 6, 1824. 

The Board met this day. 

Present, the honorable Davis Floyd and William W. Blair. 

Edgar Macon, Esq. United States' Attorney for the district of East 
Floriila, attended the Board ihis day andfiv their order. 

The following cases, viz. Francis P. Sanchez for 2,000 acres; same 
for 2,700 acres; and same for 345 acres of land, being called, were 
submitted, after examining Pedro Miranda therein, and the Board 
being fully advised of and concerning the same, the two first were ad- 
vised for confirmation, and the last confirmed. / 

Tije Board then adjourned until to-morrow at 2 o'clock, P. M^ 



208 C ill ] 

WEDNESDAY, July 7, 1824. 

The Board met this day. pursuant to adjournment. 

Present, the iionorable Davis Floyd and William W. Blair. 

Ed.s:ar Macon Esq. United States' Attorney for the district of 
East Florida, attended the Board this day under their order. 

Anna Ortega, by her attorney George Murray presented her me- 
morial to this Board praying confirmation of title to 100 acres of 
land situated about twelve miles to the southward of Lake George, 
with a conveyance from Andres Borgevin to memorialist, dated the 
29th of May, 1822, which are ordered to be filed. 

Anna Ortega presented her memorial to this Board praying confir- 
ynation of title to one hundred acres of land, situated near a place 
called the Big Spring, 25 miles pouth of Lake George, with a con- 
vej'ancefrom Andrew Burgevin to her, dated the 7tii of June, 1822, 
which are ordered to be filed. 

Andrew Burgevin presented his memorial to this Board praying 
confirmation of title to 500 acres of land, situated on a branch that 
runs from the west into the river St. John's, about 12 miles south 
of Lake George, with no exhibits, whicl) is ordered to be filed. 

John Cnristopher vs. the United States for 358i acres of land. 
This case being called, came by its attorney, A. Bellamy, who having 
produced the will of Spicer Christopher, deceased, as further evi- 
dence therein, and the Board being fully advised of and concerning 
the same, it was confirmed. 

The Board adjourned until to morrow, at 2 o'clock, P. 

THURSDAY, July 8, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and W. W. Blair. 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida, attended the Board this day under their order. 

Francis P. Sanchez vs. the United States for 900 acres of land. 
The evidence produced in this case not being sufficient to confirm the 
■whole, the Board after due consideration, confirmed 600 acres there- 
of and claimant obtained permission to present a new memorial for 
the remaining 300 acres. 

Philip R Yonge vs, the United States for 2.000 acres of land. This 
case being caUed and being prepared for trial, was submitted, and 
the Board J eing fully advised of and concerning the same, it was ad- 
vised for confir-mation. 

Ordered, that John Drysdjile. Esq. be, and hereby is, appointed a 
commissioner to examine certain papers and documents required to be 
produced by a su')})Oina duces tecum issued against Horatir) S. Dex- 
ter, in the case of F. M Arredondo for 256,000 acres, and Moses E, 
Levy for 64,000 acres of land. 

The Board then adjourned until to-morrow, at 2 o'clock, P* M. 




[lllT 209 

FRIDAY, July 9, 1824. 

On account of the indisposition of the honorable William W. Blair, 
the Board adjourned until to-morrow, at 2 o'clock. 

Edgar Macon, Esq United States' Attorney for East Florida, at- 
tended the Board this day, under their order. 

SATURDAY, July 10, 1824. 

Owing to the continued indisposition of the honorable William W, 
Blair, the Board adjourned until Monday next, at 2 o'clock, F. M. 

Ed]»ar Macon, Esq. United States' Attorney for East Florida, at- 
tended the Board this day, under their order. 

MONDAY, July 12, 1824. 

The Board met this day. 

Present, the honorable Davis Floyd and Wm. W. Blair. 

Edgar Macon. Esq. United States' Attorney for East Florida, at- 
tended this day, under their order. 

Francis J. Fatio et al by their attorney George Murray, present- 
ed their memorial to this Board praying confirmation to 200 acres of 
land, situated near the head of St. Sebastian Creek, about four miles 
north of St. Augustine, with a British grant made to Judith Shivers 
by Governor* Tonyn, the 16th of June, 1782; also, a plat and certifi- 
cate of survey by Benjamin Lord, Deputy Surveyor General, certi- 
fied the 20th May, 1782; also a conveyance from said Judith Shivers 
to Francis Philip Fatio, dated the 7th of March, 1785, which are or- 
dered to be filed. 

The following claims, viz. George Atkinson as executor of Lind- 
sey Todd, deceased, for 600 acres, and same for 390 acres of land. 
These cases being called, and being prepared for trial, were submit- 
ted, and, after due consideration, the Board confirmed the same for, 
and on behalf of, the legatees of the said Lindsey Todd, deceased. 

Mr. Murray obtained permission, and presented the following 
claims, viz. John B. Entralgo for 4,000 acres; same for 3,400 acres; 
William Travers for 12,000 acres, and same for 8000 acres of land. 
These cases being prepared for trial, were severally submitted and 
recommended for confirmation. 

The Board adjourned until to-morrow, at 2 o'clock, P. M. 

TUESDAY, July 13, 1824. 

The Board met pursuant to adjournment. 

Present, the honorable Davis Floyd and Wm. W. Blair. 

Edgar Macon Esq- United States' Attorney for East Florida, 
attended the Board this day, under their order. 

Mr. Murray obtained permission, and presented the following 
claims for adjudication; viz. John Forbes & Co. for 1,800; John 



210 [ml 

Forbes for 7,000 acres; and same for 3,000 acres of land. These ca- 
ses being prepared, were severallj recomraended for confirmation 

Wm. Travers, one of the heirs of Thomas Travers, vs. the United 
States for 125 acres of land. This case came by its attorney, Mr. 
Murray, and the same being prepared for trial, was submitted, and 
confirmed by the Board in the name of the grantees. 

William Travers, as administrator and heir, as also for the other 
heirs of Thomas Travers, deceased, for 750^ acres, and John E. 
Entraigo, for 1,000 acres of land. These cases came by their attor- 
ney, Mr. Murray, were submitted, and after examining F. J. Fatio, 
and A. Bellamy therein, the Board not being fully advised of con- 
cerning the same, they were laid over for further advisement 

The Board then adjourned until to-morrow, at 2 o'clock, P. M. 

WEDNESDAY, July 14, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and W. W. Blair. 

Edgar Macon, Esq United States' Attorney for the District of 
East Florida, attended the Board this day. under their order. 

Mr. Drysdale obtained permission, and presented the following 
claims for adjudication, viz. F M. Arredondo. jun. for 256 000 atid 
M. E. Levy, for 64,000 acres of land. After the testimony on the 
part of the claimant had been gone through, Mr. Macon, District 
Attorney, moved, that the said cases lay over until to-morrow, to 
give him an opportunity to produce evidence on the part of the Unit- 
ed States, which was granted. 

John D. Vaughn vs. the United States, for 250 acres of land. 
Mr. Gibson, attorney for claimant, obtained permission, and pre- 
sented the said claim, and the Board being fully advised of and con- 
cerning the same, it was confirmed. 

John D. Vaughn vs. the United States, for 950 acres of land. 
This case being submitted, and the Board not being fully advised 
thereof, it was ordered to lay over for further consideration. 

The Board adjourned until to-morrow at 2 o'clock, P. M, 

THURSDAY, July 15, 1824. 

On account of the indisposition of the Hon. William W, Blair, the 
Board was adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United states' Attorney for East Florida, at- 
tended the Board this day, under their order, 

FRIDAY, July 16, 1824. 

On account of the continued indisposition of the Hon. Wm. W. 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, United States' Attorney for East Florida, attended 
the Board this day under their order. 



[ 111 ] 211 

SATURDAY, July 17, 1824. 

On account of the continued indisposition of the Hon. William W. 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney fop East Florida, 
attended the Board this day, under their order. 

MONDAY, July 19, 1824. 

On account of the continued indis;)osition of the Hon. William W. 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States Attorney for East Florida, 
attended the Board this day, under their order. 

TUESDAY, July 20, 1824. 

On account of the continued indisposition of the Hon. William W. 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney for East Florida, 
attended the Board this day, under their order. 

WEDNESDAY, July 21, 1824. 

On account of the continued indisposition this day, of the Hon. 
William W. Blair, the Board was adjourned until to-morrow, at 2 
o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney for East Florida, 
attended the Board this day, under their order. 

THURSDAY, Jux¥ 22, 1824. 

On account of the continued indisposition of the Hon. William W. 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney for the District of 
East Florida, attended the Board this day, under their order. 

FRIDAY, July 23, 1824. 

On aocount of the continued indisposition of the Hon. William W. 
Blair, the Board adjourned until tomorrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attoruey for East Florida, at- 
tended the Board this day, under their order. 

SATURDAY, July 24, 1824. 

On account of the continued indisposition of the Hon. William Vf, 
Blair, the Board adjourned until to morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney for East Florida, at- 
tended the Board this day, under their order. 



212 [m] 

MONDAY, July 2G, 1824. 

On account of the continued indisposition of the Hon. William W. 
Blair, the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq United States' Attorney for East Florida, at- 
tended the Board this day, uuder their order. 

TUESDAY, July 27, 1824. 

On account of the continued indisposition of the Hon. William W. 
Blair, the Board adjourned until to morrow, at 2 o'clock. P, M. 

SJdgar Macon, Esq. United States' ilttorney for East Florida, at- 
tend(;d this day. 

WEDNESDAY, July 28, 1824. 

Owing to the continued indisposition of the Hon. Wm. W. Blair, 
the Board adjourned until to-morrow, at 2 o'clock, P. M. 

Edgar Macon, Esq. United States' Attorney for East Florida, at- 
tended this day. 

■ St. Augustine, August 24, 1824. 

This day the Hon, George Murray produced a commission from 
the President of the United States, appointing hira, by and with the 
advice and consent of the Senate, a Commissioner to ascertain claims 
and titles to land in East Florida, vice Wm W. Blair, and, thereupon, 
the B(»ard of Land Commissioners for East Florida (a quorum being 
present) proceeded to business. 

Present, the Hon. Davis Floyd, and George Murray. 

Edgar Macon, Esq. United States' Attorney for East Florida, at- 
tended the Board this day, under their order 

Timothy Hoilingsworth, guardian of Francis, Cailota, Margaret, 
and Isabel Bagley, presented his memorial to this Board, praying 
confirmation of title to nine hundred and ninety acres of land, situ- 
ate! at a place called Brown's Fort, west of St. John's River, with 
a ce*'tified copy of plat, and certificate of survey, made for Timothy 
Hoilingsworth, by Peter Marrat, dated the Sd of April, 179S, and 
marked A. which ai^e ordered to be filed 

Joseph F. White, presented his memorial to this Board, praying 
confirmation of title to two undivided third j)arts of a tract of land, 
containing two thousand acres, situated in the territory of Mosquito, 
west of >'ew Smyrna, with a certified copy of royal title, made to 
Samuel Betts by Governor Estrada, and dated the 5d of July, 1815, 
which are ordered to be filed. 

Timothy Hoilingsworth, guardian of Francis, Charlotte, Marga- 
ret, and Isabella Bagley, presented his memorial to this Board, 
praying confirmation of title to two hundred and forty-eight acres 
of land, at a place called Bagley, on Goodman's Lake, in St, John's 



[Ill] 218 

I'iver, with a certiiied copy of plat and certificate of survey, made 
for Timothy Holiingsvvorth by Pedro Marrot, dated the 7th of April, 
1793, which are ordered to be filed. 

Joseph F. White presersted ins memorial to this Board, praying 
Gonfirmation of title to two undivided third parts of a tract of land, 
containing one thousand eight hundred acies, on Matanza River, 
with a certified copy of royal title to Bipworth Garter, by Governor 
Estrada, dated the 3d of July. 1815, also a conveyance from Samuel 
Betts to memorialist, dated the i3th of April, 1816, which are or- 
dered to be filed. 

Joseph F. White presented his memorial to this Board, praying^ 
confirmation of title to two undivided third parts of a house and lot 
situated in the city of St. Augustine, in the street back and west of 
the government house, with a conveyance from Samuel Betts to me- 
morialist, dated the ISth of April, 1816, which are ordered to be 
filed. 

William Dry. by his attorney, B. B. Macomb, presented his me- 
morial to this Board, praying confirmation of title to one thousand 
acres of land, lying on the east fork of Diego River, with a British 
grant made to Alexander Gray, by Governor Grant, dated the 16th 
of February, 1771, and marked exhibit " Aj" also, a lease from s^aid 
Gray to memorialist, dated the 26th of December, 1775, and marked 
exhibit *' B;" and a release for the same from said Gray to memo* 
rialist dated the 27th of December, 1775, and marked exhibit A, 
Which are ordered to be filed. 

William Dry, by his attorney, D. B. Macomb, presented his me- 
morial to this Board, praying confirmation of title to a lot of land, 
lying in the city of St. Augustine, in Jenkins' quarter, and designate 
ed as No. 4. with a British grant made by Governor Tonyn to Wm. 
Wiisori, dated the 27th of March, 1775| also, accompanying the 
said grant, an order and plat of survey, dated the 9th of June, 1773, 
with a lease made to William Dry, dated 29th December. 1773, and 
likewise, a release to memorialist from said Wilson, dated 30th 
December, 1775, which was ordered to be filed. 

William Dry, by his attorney, D. B. Macomb, presented his me- 
morial to this Board, praying confirmation of title to a lot of land, 
lying in the city of St. Augustine, in Skinner's quarter, with a Bri- 
tish grant made by Governor Grant to Richard Pritchard, dated the 
12tii of February, 1768, also, a lease from said Pritchard to Wm. 
Wilson, dated the l4th of December, 1772; and, also, a release from 
said Pritchard to Wilson, dated the I5th of December, 1775, which 
are ordered to be filed, 

Margaret Acosta, by her attorney, William G. Davis, presented 
her memorial to this Board, praying confirmation of title to six hun- 
dred and foi'ty acres, lying without and north of the gates of St, 
Augustine, with a certified copy of concession to John Villalonga, 
of 34H English yards, dated the 3d of June, 1807; also, attached 
thereto, an assignment from Margaret Acosta, and Maria Villalon^ 
§a, to said Davis, dated the 5th July, 1824; ordered to be filed. 
Oo 



214 [111] 

Mary Ann Davis presented her memorial to this Board, praying 
confirmation of title to one hundred and seventy-five acres of land, 
lying in an island called ICey Bissaino, one of the Florida Keys, w^ith 
a certified copy of concession to Pedro Fornells, by Governor White, 
dated the 18th of January, 1805; also, a conveyance from Rafael 
Andrews and Francisco Andrews, to memorialist, dated the 12th of 
July, 1894; ordered to be filed. 

William Branning, by his attorney, presented his meitiorial to 
this Board, praying confirmation of title to six liundred and forty 
acres of land, lying in the south side of Black Creek, about three 
miles below the forks of said creek; ordered to be filed. 

Richard Tice presented his memorial to this Board, praying con- 
firmation of title 10 six hundred and forty acres of land, Ijirig neat* 
Cape Florida and the river Miami, and opposite Key Biscaino; 
filed. 

Santos Rodriguez' heirs presented their memorial to this Board, 
praying confirmation of title to two thousand acres of land, l.\ing on 
the east side of the river St. John's, near Dunn's Lake; filed. 

William Craig presented his memorial to this Board, praying con- 
firmation of title to four hundred and fifty acres of land, lying in the 
east side of the river St. John's, at a place called Red Bank, with a 
certified copy of plot and certificate of survey, made by Pedro Marrot, 
in favor of Francis Flora, dated the 1st March, 1793, and marked 
A; also, a certified copy of royal title made by Gov. Kindelan to 
William Craig, dated the 20th of March, 1815, and marked '^B;" 
filed. 

William Craig presented his memorial to this Board, praying con- 
firmation of title to two hundred and fifty acres of land, lying on the 
river St. John's, at a place called St. Nicholas' Cove, with a certi- 
fied copy of plat and certificate of survey, made by Pedro Marrot, 
for John Hansman, dated the 18th of January, 1792, and marked 
*'C;" also, a certified copy of royal title made by Governor Kin- 
delan to memorialist, dated 20th March, 1815, and marked W; 
filed. 

Andrew Branning, by his attorney, D. B. Macomb, presented his 
memorial to this Board, praying confirmation of title to six hundred 
and forty acres of land, lying about nine miles up Black Creek, St. 
John's River, at a place called Brown's Fort; which is ordered to be 
filed. 

George and Samuel Branning, by their attorney, D. B. Macomb, 
presented their memorial to this Board, praying confirmation of title 
to six hundred and forty acres of land, lying on the north prong of 
Black Creek, in Duval county; filed. 

Nicholas Sanchez' heirs, by their attorney, John B. Strong, pre- 
sented their memorial to this Board, praying confirmation of title to 
three hundred and eighty-five acres of land, Ijing near Diego Plains, 
to the north of St Augustine, with a certified copy of royal title, by 
Governor Coppinger to Nicholas Sanchez, and dated the 24th »f 
April, 1816; filed. 



[ 111 3 215 

Follard McCormick, by liis attorney John B. Strong, presented 
his memorial to this Board, praying confirmation of titSe to two thou- 
sand acres of land, lying on the JtSaiifax river, at a place called Pen- 
man's plantation, with a certified copy of concession to David 
McCormick, by Governor White, dated ISth of July, 1823; also, me- 
morial and permission for survey, by Governor White, dated the 3d 
October, 1803; filed. 

John Salome, by his attorney, John B. Strong, presented his me- 
morial to this Board, praying confirmation of title to three hundred 
and fifty acres of land, lying on St. John's river, at a place called 
Montpelier, with a certified copy of plat and certificate of survey, 
made by Pedro xViarrot, to Samuel Eastlake, and dated the 6th of 
January, 1792; filed. 

The Board then adjourned until to-morrow, at 10 o'clock, A. M, 

WEDNESDAY, August 25, 1824. 

The Board met this day. 

Present, The Hon. Davis Floyd, and George Murray. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

John B. Strong presented his memorial to this Board, praying con- 
firmation of title to six hundred and forty acres of land, on St. John's 
river; filed. 

William Mills, et. al. by their attorney, John B. Strong, present, 
ed their memorial to this Board, praying confirmation of title to six- 
teen thousand acres of land, lying in a creek called Mulberry, and 
near the road to the New Mosquitoes, and two miles from the head 
of Graham swamp, with a certified copy of concession made by Go- 
vernor White to William Mills, dated the 4th of January, 1 805j 
filed. 

Francis Gue, by his attorney, John B. Sti-ong, presented his me- 
morial to this Board, praying confirmation of title to a house and lot 
in St. Augustine, which was erected for a smithry; filed. 

Jose B. Reyes, by his attorney, John B. Strong, presented his me- 
morial to this Board, praying confirmation of title to one thousand 
seven hundred acres of land, lying at a place called the Swamp, and 
plantation of Goold Richard, about three miles from the ferry of St. 
Augustine, with a certificate of concession by Governor White to 
memorialist, dated the 15th of September. 1803; filed. 

Isaac Hendricks, by his attorney, A. Bellamy, presented his memo- 
rial to this Board, praying confirmation of title to five hundred acres, 
lying on the north side of St. John's river, near Jacksonville, with a 
certificate of concession by Governor White to John Jones, dated the 
11th of February, 1801; filed. 

Joseph Mills, by his attorney, Abraham Bellamy, presented bis me- 
morial to this Board, praying confirmation of title to two hundred 
acres, lying on Six Mile creek, which communicates with Trout 
creek eight miles below St. Nicholas, on the river St. John's, with a? 



216 [ml 

concession to rnemoriulist by Governor Quesada, dated the IStli of 
February. 1793; filed. 

Frederick Hartley, by his attorney, A. Bellamy, presented his me- 
morial to this Board- praying confirmation of title to four hundred 
acres of land, lying at a place called St Nicholas, on St. John's ri- 
ver with a certificate of concession to memorialist by Governor 
White, dated the 7th of May, 1803; which are ordered to he filed. 

Robert Gilbert, et al. by thei»- attorney, presented their memorial 
to this Board, praying confirmation of title to two hundred acres, on 
St. John-s river; filed. 

Robert Gilbert, et. al by their attorney A- Bellamy, presented 
their memorial to this Board, praying confirmation of title to thre» 
hundred acres of land, lying on St John's river; filed. 

John R. Hogans, by his attorney, A. Bellamy, presented his me« 
morial to this Boards praying confirmation of title to six hundred 
and fijrty acres, lying on the north side of the river St. John's, with 
a conveyance from memorialist to W. G. Dawson, and dated the24tk 
•July 1823; filed. 

John Houston, by his attorney, A. Bellamy, presented his memo- 
rial to this Board, praying confirmation of title to seven hundred 
acres of land, lying on St. John's river, at a place called Dames 
Point, and on Star Island river Nassau, with a certified copy of 
concession by Governor Coppinger to memorialist, dated the 20th of 
May. 18 1 8; 'filed. 

William Gardner, by his attorney, A. Bellamy, presented his me- 
morial to this Board, praying confirmation of title to six hundred and 
forty acres, lying on .Juilington creek, one mile from St. John's river: 
filed. 

Pedro Cocifacio presented his memorial to this Board, praying 
confirmation of title to four hundred acres of land, lying at Marias 
Hammock, to the west of St John's river, with a translation of con- 
cession by Governor Quesada to memorialist, dated October 22, 
1793; filed. 

James Ris, et. al. presented their memorial to this Board, pray- 
ing confirmation of title to six iuindscd and forty acres of land, lying 
atPicolata, on the river St. John's; filed. 

William Travers, for, and on behalC of himself, and the other heirs 
of Thomas|Travers. deceased, by their attonsey. John Drysdale, pre- 
sented their memorial to this Board, praying confirmation of title to 
three hundred acres of land, lying about five miles west of St. Au- 
gustine, with a British grant, made to James Penman by Governor 
Grant, dated the 4th of January, 1768, and a plat and certificate of 
survey attached tlicrcto, dated the 2d of September, 1767; also, a lease 
for one year, from James Penman to Joseph Peavelt, dated the 19th 
of September, 1779; ordered to be filed. 

The Board then adjourned nntil to-morrow, at 10 o'clock, A. M. 



C 111 ] 217 

THURSDAY, August 26, 18£4. 

The Board met this day, pursuant to adjournment. 

Present. The Hon, Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict i)f Florida, attended the Board this day, under their order. 

Lewis t^ike*s heirs, by their attorney, Jsaac N. Cox, piesented their 
memorial to this Board, praying confirmation of title to four hun- 
dred acres of land lying twenty-seven miles from St. Augustine, one 
mile from the road to St Nicholas, with a certified copy of conces- 
sion to Lewis Pike, by Governor White, dated the 5th of May, 1801, 
and marked A.; also, a plat and certificate of survey. m«de by G» 
Darling, dated the 10th of March, 1824, and marked B,; filed. 

John B Gaudry, by his attorney, Isaac N. Cox, presented his me- 
morial to this Board, praying confirmation of title to one thousand 
five hundred acres of land, lying at a place called Spring Garden, on 
the river St. John, with a certified translation of concession, by Go- 
vernor Coppinger to Bartolome de Castro y Ferrer, dated the 9th of 
October, 1817, and marked A.; also, a certifted translation or certi- 
ficate of survey by Robert McEardy, dated the I6th December, 1817, 
marked B.; and a deed of conveyance from said Ferrer to memorial- 
ist, dated the llth June, 1822, and marked C; filed 

John Drysdale presented his memorial to this Board, praying con- 
firmation of title to a lot of ground in the city of St, Augustine, mea- 
suring N. and S. 22 varas, and E, and W. 23 varas; filed. 

John G. Brindly, by his agent, John M. Fontane, presented his 
memorial to this Board, praying confirmation of title to six hundred 
and forty acres of land, lying on the north of Black creek, Duval 
county, with two affidavits; one by William Molphus, dated I6th 
August, 1824, and the other by Hannah Nobles, dated the 18th of 
August, 1824; filed. 

David Scurry by his agent, John M. Fontane, presented his me- 
morial to this Board, praying confirmation of title to six hundred 
and forty acres, lying on the south of St. John's river, and on the 
east of Goodly's lake; filed. 

James Hall, by his agent, John M. Fontane, presented his memo- 
rial to this Board, piaying confirmation of title to two hundred and 
fifty acres of land, lying at a plantation called the Bay of St. Nicho- 
las, on the river St. Johns, with a certified copy of royal title, by 
Governor Kindelaa to William Craig, dated the 20th of March, 
1815; filed. 

James Hall, by his agent, John M. Fontane. presented his memo- 
rial to this Board, praying confirmation of title to four hundred and 
fifty acres of land, lying at a place called Red Bank, on the river St. 
John's, with a certified copy of royal title, by Governor Kindelan to 
William Craig, dated the 20th of March, 1815; filed. 

Antonio Hinsman vs. the United States for 240 acres of land. This 
case being called, and Francis J. Fatio being examined therein, and 
the Board being fully advised of and concerning the same, it was 
confirmed. 



218 t 111 3 

Philip Weadman ts. tlie United States for 150 acres. This case 
being called, and being prepared for trial, was, after due considera- 
tion confirmed by the Board. 

No further business appearing, the Board adjourned until to-mor- 
row at 10 o'clock, A. M. 

FRIDAY, August 27, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Ed-'-ar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Jesse Carlisle presented his memorial to this Board praying con- 
firmation of title to 640 acres, lying on Little Black Creek. St. John's 
River, at a place called Fergusin's Neck, at the head of Doctor's 
Lake. Filed. 

Nicholas Estefanopoly, by his attorney. Isaac N. Cox. presented 
his memorial to this Board praying confirmation of title to ;i500 acres 
of land, lying on the river Sewance, with a concession to memorial- 
ist by Governor Kindelan, dated the 23d of May, 1815, and marked 
A. Filed. 

George Gianopoly, by his attorney, Isaac N. Cox, presented his 
memorial to this Board praying confirmation of title to 640 acres, 
]ying . — , with a plat and certificate of survey, made by G. Dar- 
ling, dated the 20th of March. 1824, and marked A. Filed. 

Emanuel Gianopoly, by his attorney. Isaac N. Cox, presented his 
memorial to this Board praying confirmation of title to 640 acres, 
lying on the Twelve Mile Swamp, eleven miles from St Augustine, 
■with a plat and certificate made by G. Darling, dated 21st March, 
1824. and marked 4. Filed. 

G Darling, by his attorney, J. N. Cox, presented his memorial to 
this Board praying confirmation of title to 640 acres of land, lying 
t»n the Twelve Mile Swamp, about eleven miles from St Augustine, 
with a plat and certificate made by G. Darling marked A, which arc 
ordered to be filed. 

The following claims, viz. James Hall for 775 acres; Eleazer Wa- 
terman's heirs for 175 acres; same for 270 acres, being called, and, 
being prepared for trial, were, after due consideration, confirmed by 
the Board. 

Agueda Segui vs. the United States for 1200 acres of land. This 
case being called, and being prepared for trial, was recommended for 
confirmation by the Board. 

Andrew R. Govan, by his attorney. Edward R. Gibson, obtained 
permission, and presented his claim for 600 acres of land, for adjudi- 
cation. Francis J. Fatio being examined therein, and the Board be^ 
ing fully advised of, and concerning the same it was confirmed. 

The Board adjourned until to-morrow, at 10 o'clo«k, A. M. 



[Ill] 219 

SATURDAY, August 28, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Edajar Macon, Esq United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Mr. Drysdale moved for permission to present and file the follow- 
ing claim, viz. Thomas Lorente for 2000 acres of land, situated and 
being on the west side of Indian River, opposite the Haul-over, by a 
grant of Governor Coppinger, bearing date the 20th of June, 1818? 
which was rejected because the said grant was made subseciucntly to 
the 24th of January, 1818. 

Moses E. Levy, by his attorney, John Drysdale, moved for per- 
mission to withdraw his claim for 2000 acres of land; which was 
granted. 

No further business appearing, the Board adjourned until Monday 
next, the 30th instant, at 10 o'clock, A. M. 

MONDAY, August 30, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Mills Drury's heirs, by their attorney, Isaac N. Cox, presented 
their memorial to this Board praying confirmation of title to 300 
acres, more or less- lying about four miles from the head of Nassau 
River, with a certified copy of plat and certificate of survey by Pedro 
Marrot to Mills Drury, dated the 7th of April, 1792, and marked A.; 
also an affidavit by Francis Sterling, d^ted the 28th of August, 1824, 
marked B; which are allowed to be filed. 

Isaac N. Cox presented his memorial to this Board praying confir- 
mation of title to an undivided fifth part of a tract of land containing 
2,500 acres, lying on the west side of the river Suwanee, at the cross- 
ing place Ordered to be filed. 

Cornelius Griffith's heirs, by their attorney, David B. Macomb, 
presented their memorial to this Board praying confirmation of title 
to 300 acres of land lying on the banks of the river St. Mary's, on 
the east side of a creek known by the name of Mill Creek, with a 
concession from Governor White to Cornelius Griffiths, dated the 9th 
December, 1802. Filed. 

Cornelius Griffitii's heirs, by their attorney, David B. Macomb, 
presented their memorial to this Board praying confirmation of title 
to 450 acres of land lying on the head of Nassau River, about half a 
mile between two Creeks, which form said river, with a certified co- 
py of plat and certificate of survey, by Pedro Marrot to Cornelius 
Griffith, dated the 8th of April, 1792. Filed. 

Francis Goodwin's heirs, by their agent in fact, and attorney. Da- 
y'ulB, Macomb, presented their memorial to this Board praying con- 



220 L m ] 

firmation of title to 643?^ acres of land, Ijiiig on Azzar Creek, Si« 
John's River, with a plat and certificate by Pedro Marrot to Fran- 
cis Goodwin, dated the !4th of May, 1792. Filed. 

Mary Hayda presented her memorial, by her attorney, David B. 
Macomb, to this Eoard, praying confirmation of title to 250 acres of 
Jand. lying on tlie south of Orange Grove, Matanzas, and north of 
the plantation of Jos. Dupon. Filed. 

Robert Gilbert, by his attorney, D. B. Macomb, presented his me^ 
morial to this Board praying confirmation of title to 230| acres of 
land, lying near the St John's River. Filed. 

John Jones, by his attorney, D. B. Macomb, presented his memo- 
rial to this Board praying confirmation of title to 640 acres of land? 
situated oti the baiiks of St. John's river. Filed. 

Hardy Ellanier, by his attorney, D. B. Macomb, presented his 
memorial to this Board praying confirmation of title to 640 acres of 
land, lying on Little Black Creek, in the county of Duval. Filed. 

Emanuel D. Mott, by his attorney, D. B. Macomb, presented his 
memorial to this Board praying confirmation of title to 640 acres of 
land, lying near St. John's River. Filed. 

George Long, by his attorney, Jolin Drysdale, presented his me- 
morial to this Board praying confirmation of title to 300 acres of 
Jand, lying at the head, and on the south of a creek making from the 
Matanza River, known by the name of Graham's Creek. Filed. 

John M. Carter, by his attorney, D. B. Macomb, presented his me- 
morial to this Board praying confirmation of title to 100 acres of 
land, lying on Matanza River, two miles south of the Little Matanza 
Bar. Filed. 

A. McDowell and Black vs. the United States for 490 acres of 
land. This case being called, came by its attorney, and was sub- 
mittedi and the Board being fully advised of and concerning the same, 
it was confirmed. 

The Board adjourned until to-morrow, at 10 o'clock, A. M. 

TUESDAY, August 31, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honourable Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Dorcas Black, by her agent, S. Streeter, presented her memorial to 
this Board praying confirmation of title to 640 acres of land, lying in 
the county of Duvai, on the road called the Crawford Road, leading 
from St, Augustine to St. John's River. Filed. 

John Oliver, by his agent, S. Streeter, presented his memorial to 
tliis Board praying connrmation of title to 640 acres of land, lying in 
the county of St. John's, osi the east side of a Lake called Dunn's 
Lake. Filed. 

Isaac Frost by his attorney, B. Putnam, presented his memorial 
to this Board praying confirmation of title to 2000 acres of land, be- 



rill] 221 

ing part of the northtrn moiety, or equal half of township No. 8. of 
Don Pedro Miranda's grant of land, on the waters of Hillsboro' and 
Tampa Bays. Filed. 

Sarah Bowden, by her attorney, B. Putnam, presented h'.s memo- 
rial to this Board praying confirmation of title to 142§ acres of land, 
lying on Julington Creek, which empties into the St. John's River* 
Filed. 

Isaac Frost, by his attorney, B. Putnam, presented his memorial 
to this Board, praying confirmation of title to 1,500 acres of land, 
being an undivided part of the northerly moiety, or equal half of 
township No. 8- in Don Pedro Miranda's grant of land on the waters 
of Hillsboro and Tampa Bays: filed. 

Joseph F. White by his attorney, B Putnam, presented his me- 
morial to this Board, praying confirmation of title to 200 acres of 
land, lying seven miles north of St. Augustine, known by the name 
of the plantation of the Negro General; filed. 

Gachlan Vass, by his attorney, B. Putnam, presented his memo- 
rial to this Board, praying confirmation of title to 250 acres of land 
lying on St. Pablo creek; filed. 

Edward R. Gibson, presented his memorial to this Board, praying 
confirmation of title to 125 acres of land, lying at the head of Moul- 
trie creek; filed. 

Edward R. Gibson presented his memorial to this Board, praying 
confirmation of title to 250 acres of land, lying at the head of Moul- 
trie creek; filed. 

Francisca Agiiilar, for herself and the other heirs of Juan Rodri- 
guez, deceased, presented her memorial to this Board, praying con- 
firmation of title to 30,000 acres of land^ lying on Hawe creek, 40 
miles S. W. of St. Augustine; filed 

John Hogens, by his attorney, A. Bellamy, presented his memorial 
to this Board praying confirmation of title to 100 acres of land 
lying on Pigeon creek, St. Mary's river, with a certificate of conces- 
sion by Governor White to memorialist, dated 31st of May. 1805; 
also, a plat and certificate of survey of the same, by George J. F. 
Clarke, dated 9th of May, 1818; filed. 

David Williamson, by his attorney, A. Bellamy, presented his me- 
morial to this Board, praying confirmation of title to 640 acres of 
land, lying in Alachua; filed. 

John Dixon, by his attorney, A. Bellamy, presented his memorial 
to this Board, praying confirmation of title to 640 acres of land, ly- 
ing in Duval county, near St. Mary's river; filed. 

William Williamson, by his attorney, A- Bellamy, presented his 
memorial to this Board, praying confirmation of title to 640 acres of 
land, lying in Alachua, on the waters of liogtown; filed. 

Benjamin Rollins, by his attorney, A. Bellamy, presented his me- 
morial to this Board, praying confirmation of title to 640 acres of 
land, lying in Alachua, on the waters of San Filarki creek; filed. 

William HoUingsworth, and the heirs of Peter Bagley, by their 
attorney. A. Bellamy, presented their memorial to this Board; pray° 



222 [Itl] 

ing confirmation of title to 250 acres of land, lying on the river St. 
John's; filed. 

William Sparkman, by his attorney, A. Bellamy, presented his 
memorial to this Board, praying confirmation of title to 640 acres of 
land, lying on the head waters of Boggy Swamp, on and west of the 
pnblic road leadiiig fiom Jacksonville to Georgia; filed. 

James Sparkman, by his attorney, A. Bellamy, presented his me- 
morial to this Board, praying confirmation of title to 640 acres of 
land, lying on the head waters of Boggy Swamp, on the east of the 
road from Jacksonville; filed. 

John Bellamy presented his memorial to this Board, praying con- 
firmation of title to 500 acres of land, lying on McGirb's creek; filed. 

Abradam Bellamy, sen. presented his memorial to this Board, 
praying confirmation of title to 640 acres of land, lying at the head 
of Thomas' swamp; filed. 

John Bellamy presented his memorial to this Board, paying con- 
firmation of title to 150 acres of land, situated on the south side of 
McGirb's creek, on the west side of John's liver; filed. 

Ann Papy presented her memorial to this Board, praying confirm- 
ation ol title to £00 aci'cs of land, situated at the north side or head 
of Mosquito river and Tomoka creek, with a certificate of concession 
by Governor White to Gaspar Papy, dated the 3d of June, 179T, and 
marked P; filed. 

Dionisia Segui presented her memorial to this Board, praying con- 
firmation of title to an undivided third part of 16,000 acres of land, 
or 5,333 1-3 acres, lying on both sides of the river St. Lucia, with a 
deed of conveyance from SamuelMiles to memorialist, dated the 3d 
of April, 1824*, and marked S; filed. 

Dionisia Segui presented hei* memorial to this Board, praying con- 
fij-mation of title to 4,000 acres of land, lying on the river and island 
called Jupiter and St. Lucia, with a deed of conveyance from Eusebio 
Maria Gomez to memorialist, dated 9t}i of April, 1824, marked S: 
Vv'hich are ordered to be filed. 

George Clark pi-esentcd !)is memorial to this Boaid, praying con- 
firrnaiion of title to 100 acres of land, lying on Guana creek, North 
liver, about 12 miles north of St. Augustine, with a concession to 
memorialist by Governor White, dated the 25th of February, 1801, 
and mai'kcd C; filed. 

Daniel Breekington, by his attorney, J. N. Cox, presented his me- 
morial to ttiis Board, praying confirmation of title to 200 acj-es of 
land, lying on Goodby's lake; filed. 

Francis Sterling, by his attorney, J. N. Cox, presented his memo- 
rial to this Board, praying confirmation of title to 235 acres, lying 
at a place called Sims, Nassau river, with a certified copy of plal; 
and ceitificate, by Pedro Marrot, dated the Sd of March, 1792, and 
marked A: also, two alSdavits, one by Frederick Hartley, and the 
other by Joseph Summerall, marked B and C; filed. 

David Bagley's heirs, by their attorney, Isaac N. Cox, presented 
their memorial to this Board, praying confirmation of title to 250 



[ in ] 223 

acres of land, lying on Nassau river, with a certified copy of plat 
and certificate by Pedro Marrot, dated March 5, 1794, and marked 
A, also, an affidavit by Francis Sterling, marked IJj filed. 

George Copeland's heirs, by their attorney, I. N. Cox, presented 
their memorial to this Board, praying confirmation of title to 450 
acres of land, lying on Hillshoro' river with a certified copy of con- 
cession to Henry B. Martin by Governor Wiiite, dated the 3d of Sep- 
tember, 1803, and marked A; and conveyance from Henry B. Mar- 
tin to George Copeland, dated 1 0th November, 1808, marked Bj filed. 

Samuel Fairbanks, assignee of Reuben Charles, by his attorney, 
David B. Macomb, presented his memorial to this Board, praying 
confirmation of title to 640 acres of land, lying at the Twelve Mile 
Swamp, north of the city of St. Augustine^ filed. 

John Drysdale presented his memorial to this Boaid, pi-aying con- 
firmation of title to 292 acres of land, lying on the east side of St. 
George's Lake; filed. 

Pablo F. Fontaine presented his memorial to this Board, praying 
confirmation of title to 3,000 acres of land, lying on Vackasasa creek, 
being about S. W. from Alarhua ten leagues, with a concession from 
Governor Kindelan to memorialist, dated ISthof May, 1815, and 
marked P; filed. 

Antonio Canovas, Jr. presented his memorial to this Board pray- 
ing confirmation of title to 640 acres, with a plat and certificate of 
survey made by Ede Van Evour, and dated the 31st August, 1824; 
filed. 

Domingo Fernandez presented his memorial to this Board praying 

confirmation of title to acres of land, lying on Amelia Island; 

filed. 

Carnochan & Mitchell's assignees presented their memorial to this 
Board, praying confirmation of title to three town lots in the town 
of Fernandina, Amelia Island^ filed. 

Andrew Burgevin presented his memorial to this Board, praying 
confirmation of title to 500 acres of land, lying at a place called Big 
Spring; filed. 

James Suydam, Jr. by his attorney, J. B. Lancaster, presented his 
memorial to this Boaid, praying confirmation of title to 500 acres of 
land, lying at Alachua; filed. 

Charles Sibbald, by his attoiney, J, B. Lancaster, presented his 
memorial to this Board, praying confirmation of title to 455 acres of 
land, lying at Cabbage Swamp; filed. 

Geor-ge Mori'ison's heirs by their attorney, J. B. Lancaster, pre- 
sented their memorial to this Board, praying confirmation of title to 

acres of land, lying on the west side of St. John's river; filed. 

Elisha Huntington, by his attorney, J. B. Lancaster, presented his 
memorial to this Board, praying confirmation of title to 10,000 acres 
of land, lying at Alachua; filed. 

Elisha Huntington, by his attorney, J- B Lancaster, presented his 
memorial to this Board, praying confirmation of title to 2,000 acres 
of land, lying at Alachua; filed. 



224 L 1 1 1 ] 

Eieazar Waterman's heirs, by their attorney, J. B. Lancaster, pre- 
sented their memorial to this Board, prayihg confirmation of title to 
a lot of land in the town of Fernandina, \melia Island; filed. 

Thomas C. Doremus, by his attorney. J. B. Lancaster, presented 
his memorial to the Board, praying confirmation of title to five hun- 
dred acres of land, lying at Alachua; filed. 

S. Clark and G. F. Brown vs. the United States for 5,000 acres of 
land. This case being called, oame by its attorney, and the Board 
not being sufficiently advised therein, it was ordered to lay over for 
further consideration. 

Permission haVing been obtained, the following claims were pre- 
sented for adjudication, by their attorney, viz. Antonio Huertas for 
10,000 acres of land; Edward M. Wanton for 150 acres, and same for 
200 acres ot land^ The Board took the same into consideration, and 
being sufficiently advised therein, they were ordered to lay over for 
further consideration. 

The Board then adjourned until to-morrow at 10 o'clock. 

WEDNESDAY, September 1, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis B'loyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern dis« 
trict of Florida, attended the Board this day, under their order. 

The Board having resumed the consideration of the claim of Anto- 
nio Huertas for 10,000 acres of land, recommended the same to Con- 
gress for confirmation. 

The following claims, viz. Gideon Dupont's heirs for 450 acres; 
George Fleming's heirs for 1 000 acres. These cases being called, 
and being prepared for adjudication, the first was confirmed in 400 
acres, and the latter confirmed. 

Francis P. Fatio vs. the United States for 10,000 acres of land. 
This case being called, came by its attorney, who obtained leave, and 
amended the memorial thereof, and Francis Marien being examined 
therein, the Board ordered the same to be laid over for further inves- 
tigation. 

Francis P. Fatio vs. the United States for 1000 acres of land. This 
case being called, came by its attorney; and the Board not being suf- 
ficiently advised of concerning the same, it was continued. 

The Board adjourned until to-morrow, at 10 o'clock, A. M. 

THURSDAY, September 2, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Edgar Macon, Esq, United States' Attorney for the eastern district 
of Florida, attended the Board this day. under their order. 

George Fleming's heirs vs. the United States for 980 acres of land. 
This case being called, and being prepared for trial, was submitted 
and confirmed by the Board. 



[Ill] 225 

Gabriel W. Perpall vs. the United States for 660 acres of land. 
This case being called, and being prepared for trial, was submitted 
and confirmed by the Board. 

The folloNving claims, viz. George Fleming's heirs for 20,000 
acres; Gabriel W. Perpall for 1,340 acres; same for 280 acres; same 
for 500 aeres, being called, and the Board not being fully advised 
concerning the same, they were continued. 

The Board adjourned until to-morrow at 10 o'clock, A. M. 

FRIDAY, Septembek 3, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 
i^ The following claims, viz. Gabriel W. Perpall for 15 acres; same 
for 600 acres; same for one do. being called, and, being prepared for 
trial, were confirmed by the Board. 

On motion of Mr. Cox, attorney for claimant, the Board resumed 
the consideration of Francis J. Avice's claim for 115 acres of land, 
and, after examining Francis Terreisa therein, confirmed the same. 

Permission having been obtained, Thomas Briggs and John Robin- 
son, by their attorney, presented their claims to this Board for adju- 
dication, which was, after due consideration, advised to Congress for 
confirmation. 

The Board then adjourned until to-morrow, at 10 o'clock, A. M. 

SATURDAY, September 4, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Gabriel W. Perpall vs. the United States for 1,340 acres of land. 
This case was again taken under consideration, and recommended for 
confirmation by the Board. 

Gabriel W. Perpall for 150 acres, and same for 535 acres of land. 
These cases being called, and being prepared for trial, were confirmed 
by the Board. 

The Board then adjourned until Monday next, at 10 o'clock, A. M. 

MONDAY, September 6, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 

On motion of Edgar Macon, Esq. United States' Attorney, ordered 
that a commission issue to take the deposition of Don Jose Coppin- 



226 [ Ml J 

ger, Colonel of the Royal Armies, to be read as evidence in the case of 
Joseph Delespine against the United States for 10,240 acres of land. 
On motion of the same, it is ordered that, in all claims for more than 
1000 acres of land, when required by the District Attorney for the 
United States, or by any member of .the Board, that the Secretary 
issue a subpoena to the keeper of the public archives, to produce to this 
Boas'd the original documents from his office on the part of the United 
States. 

The following cases, viz. Mariana BertaforSOO acres of land, be- 
ing called, ?4nd the Board not being fully advised of and concerning 
the same, it was continued. 

Horatio S. Dexter vs. the United States for 200 acres of land. This 
case being called, and being prepared for trial, after examining Sa- 
muel Fairbanks therein, was confirmed by the Board. 

Horatio S. Dexter vs. the United States for 200 acres of Sand. This 
case being called, came by its attorney, who, on motion, obtained per- 
mission to amend the memorial thereof; and the Board, after examin- 
ing F. J. Fatio therein, confirmed the same. 

Hannah Drayton et al. vs. the United States for 1000 acres of land. 
This case being called, on motion of Mr. D) ysdale, permission was 
given to amend the memorial thereof, and the evidence in the same case 
was submitted, as was other claims of the said claimants founded on 
British grants. 

The Board adjourned until to-morro«y, at 10 o'clock, A. M. 

TUESDAY, Septembek 7, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern district 
of Florida attended the Board this day, under their order. 

The following cases, viz. Francis J. Fatio et al. for 200 acres, and 
the same for 500 acres of land, being called, and the claimants having 
produced, in evidence, the final adjustment of the estate of Francis P. 
Fatio, deceased, as, also, the testimony of George J. F. Clarke, in his 
own claim for 700 acres of land, they were confirmed by the Board. 

The two following cases viz. Joseph M. Hernandez for 635 acres, 
and the same as attorney for his wife, late widow of Samuel Williams, 
deceased, and the other heirs for 3,200 acres of land, being called, and 
being prepared for trial, after examining Gabriel W. Perpall therein, 
were confirm.^d by tlie Board. 

The following cases, viz. Joseph M. Hernandez for 800 acres, 
and same for 1(10 acres of land, being called, and, being prepared for 
trial, were, after due examination, confirmed by the Board. 

Tiie Board adjourned until to-morrow, at 10 o'clock. 

WEDNESDAY, September 8, 1824. 

The Board met this day, pursuant to adjournmeut. 
Present, the honorable Davis Floyd and George Murray. 



[Ill] 227 

Edgar Macon, Esq. United States' Attorney for the district of 
East Florida« attended the Board this day, under their order. 

The following claims, viz. Joseph M. Hernandez for 5000 acres; 
same for 5000 acres; and same for 10,000 acres of land, being called, 
Horatio S. Dexter was examined therein, the same were submitted, 
and the Board not being sufhciently advised of and concerning the 
same, they were ordered to lay over for farther consideration. 

The following claims, viz. Joseph M. Hernandez for 375 acres; 
same for 455 acres; same for 800 acres; and same for 70 acres of land, 
being called, and, being prepared for trial, w^ere, after due investiga- 
tion, confirmed by tlie Board. 

Antonio Alvarez vs. the United States for 1500 acres of land. This 
case being called, and, being prepared for trial, was recommended to 
Congress foi' confirmation. 

Martin Hernandez for 20 acres, and same for 10^ acres antl one 
perch, being called, were submitted and confirmed by the Board. 

The following cases, viz. Martin Hernatidez for 500 acres; same 
for 500 acres of land, being called, were submitted, and laid over for 
further investigation. 



THURSDAY, Septembbh 9th, 1824. 

There not being a quorum present, the Board adjourned until to- 
morrow, at 10 o'clock A- M. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

FRIDAY, September 10th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida attended the Board this day, under their urder. 

Marquis de Fougeres vs. the United States, for 16,000 acres of 
land. This day this case came on to be heard, and David B. Macomb, 
George J. F= Clarke, and Horatio S. Dexter, were examined a^ wit- 
nesses in the same, on the part of the claimant, butthe Board not be- 
ing sufficiently advised, it is ordered that the same be continued. 

The following cases, viz: Mary Kunen, for 200 acres; Jose B.Reyes, 
for 200 acres; F. J. Fatio, et al. 200 acres of land, being called, 
and being prepared for trial, were severally confirmed by the Board. 

Horatio S. Dexter, for 16,000 acres; W. Penques' heirs, 1,000 
acres; R. Penques' heirs, 500 acres; P. Lynch, 1,100 acres; Chris- 
toi)hcr Minchen, 400 acres, Nicholas Rodriguez, 300 acres, Martin 
Hernandez, 1000 acres, and Horatio S. Dexter, 2,500 acres of land. 
These cases being called, and not being pre^)ared for trial, were con- 
tinued. 

The Board adjourned until to-morrow, at 10 o'clock A. M. 



228 [111] 

SATURDAY, September 11th, 1824. 

The Board met this day. pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon. Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

F. M. Arredondo, Jr. vs. the United States for 175 acres of land. 
This case being called, and being prepared for trial, was confirmed 
by the Board. 

Charles W. Bulow's executors, for 4000 acres; same, for 675 acres; 
and Archibald Clark, for 80,000 acres of land. These cases being 
called, and not being prepared for trial, were, on application of their 
respective attorneys, continued. 

The following cases, viz: Robert Gilbert, for 100 acres; Seymour 
Picket, for 350 acres; Sarah Petty, 200 acres; Robert Shepherd, 100; 
John Salomes, 347 acres; Henry Martin's heirs, 400 acres; Joseph S. 
Sanchez, 20 acres, and William T. Hall, for 2000 acres of land. 
These cases being called, and not being prepared for trial, it is or- 
dered that they be placed at the foot of the docket. 

On motion, Messrs. Reynolds and Cox, attorneys for claimants, 
the Board resumed the consideration of the following claims, viz: 

Gabriel W. Perpall, for 335 acres; Mariano Berta, for 166 acres; 
same, for 200; Nicholas Rodriguez, 300 acres; which were confirmed. 

On motion of Mr. Cornell, attorney for claimant, the Board re- 
sumed the consideration of the following claims, viz: Edward M. 
"Wanton, 150 acres, same, 200 acres; and examined Horatio S. Dexter 
therein; after which they were confirmed. 

'J1ie Board adjourned until Monday next, the 13th inst. at 10 
o'clock, A. M. 

MONDAY, September 13, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
tricf of Florida, attended the Board this day, under their order. 

The following cases, viz: Seymour Pickett, 250 acres; John B. 
Gaudry, 1500 acres; Mary Acosta, 640 acres, Mary Ann Davis, 175 
acres; Pedro Cocifacio, 500 acres ; John Hagens, 100 acres; John 
Salome, 350 acres; being called, and not being prepared for trial, 
■were continued. 

Sarah Fish, 10,000 acres; same, 500 acres; Joseph Summeral, 200 
acres; same, 300 acres; same, 150 acres. These cases being called, 
and not being prepared for trial, it is ordered that they be placed at 
the foot of the docket. 

On motion of Mr. Cox, attorney for claimant, the Board resumed 
the consideration of the case of Bernardo Segui, vs. the United 
States, for 16,000 acres of land; whereupon, Mr. Macon, United 
States' Attorney, moved that the said case lay over until to-morrow, 



[Ill] 229 

to give him an opportunity to produce evidence on the part of the 
fJnited States, which was granted. 
The Board adjourned until to-morrow, at 1 o'clock. 

TUESDAY, September 14. 1824. 

The Board met this day, pursuant to adjournment 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' attorney for the Eastern dis- 
tj'ict of Florida, attended the Board this day, under their order. 

Levin Gunby, 400 acres; William and John Lofton, 350 acres; 
same, 350 acres; Archibald Clark, et al. 250 acres; Jon B. Richards' 
heirs, 230 acres; Daniel C. Hart, 150 acres; John Underwood, 600 
acres; Pedro Trope, 150 acres; Robert Miller, 635 acres; Sarah Pet- 
ty, 200 acres. Tliese cases being called, and not being prepared for 
trial, it was, therefore, ordered by the Board that they be placed at 
the foot of the docket. 

The two following cases, viz* Charles Love, for 300 acres, and 
Nathaniel Wilds, for 300 acres of land, being called, and not being 
prepaied for trial, were, on application of their attorneys, continued. 

The Board adjourned until to-morrow, at 1 o'clock, A. M. 

WEDNESDAY, September 15, 1824, 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' attorney for the Eastern Dis- 
trict of Florida, attended the Boaid this day, under iheir order. 

Arredondo and son for 989,645 acres of land at Alachua, and Pe- 
ter Mitchell for a part of said gr^nt. These cases being called and 
the claimants being ready to ])roceed therein, the same were contin- 
ued in consequence of one of the Commissioners having been engaged 
in claims arising under the original ^rant to F. M Arredondo and 
son, the said original grant being the foundation of the claimant's 
title in both of the above cases. 

George Atkinson vs. The United States, for 220 acres of land. 
This case being called Mr. Gibbs, attorney for claimant, obtained per= 
mission and amended the memorial thereof by substituting the name 
Andrew in the place of George Atkinson, after which, the same being 
prepared for trial, was confirmed by the board. 

The following cases, viz. 

Francis P. Sanchez, 500 acres. 
Same 250 do 

Same 2,000 do 

Being called, were, after due consideration, submitted and ordered 
to lay over. 

Sophia Fleming etal. vs. The United States, 10,762 acres of land. 
This case being called and being prepared for trial, after examining 
Mr. Reynolds therein, was recommended for confirmation. 

Qq 



230 Clio ) 

The following cases being called, not being prepared for trial, were 
coMtiiiued. 

James Curtis 400 acres James and George Clarke 500. Charles 
and George Clarke 300. Stephen Pearce et ux 250, same 300 acres. 

Joseph Rain and William Baily vs. The United States for 1,000 
acres of land- This case being called and being prepared for trial, the 
Board confirmed the same. 

On motion of claimant's attorney, the Board resumed the consider- 
ation of T. P. Fatio, vs. The United States for 10,000 acres of land, 
and after examining William Reynolds, recommended the same for 
confirmation. 

The Board resumed the consideration of the following cases, viz. 

Gabriel W. Perpall, 500 acres of land. 

Same £80 do; and recommended the same for con- 

firmation. 

The Board adjourned until to-morro\y, at 10 o'clock, A.M. 

THURSDAY, September 16, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Flo3'd and George Murray. 

Edgar Macon, Esq. United States' attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

This day the Board resumed the consideration of the case of Ber- 
nardo Segui vs. The Unit'^d States, for 16,000 acres of land, and 
William Reynolds was called to be examined on the part of the Unit- 
ed States therei]7, and the counsel for the claimant objecting to the 
admissibility of said witness, time was given to the said counsel to 
state his objections at largej whereupon the case was continued. 

Mary Fontane vs. The United States, for 495 acres of land. This 
case being called, and being prepai'ed for trial, was confir-med by 
the Board. 

The following claims, viz. Sarah Petty for 150 acres, and William 
and John Lofton, for 200 acres of land, were called, and not being 
prepared, it is therefore ordered that the said cases be placed at the 
foot of the decket. 

Francis P. Sanchez vs. The United States, for 1,400 acres of land, 
and Gabriel Priest for 500 acres of land. These cases being called, 
•were submitted, and the Board not being sufficiently advised con- 
cerning the same, it is ordered that they lie over. 

Tae foi lowing cases being called, and not being prepared for trial, 
were continued, viz. 

Francis P. Sanchez, 2,000 acres of land. 



Same 


100 


do. 


Same 


600 


do. 


Same 


25 


do. 


Constance M'Fee, 


446 


do. 


Peter Mitchell 


3,500 


d'o. 



C Hi ] 281 

In tlie case of Francis P. Sanclicz for 50 acres of land, Mr. Drys- 
dale, attorney for claimant, obtained leave to amend his memorial by 
substituting 25 for 50 acres of land. 

The attorney in the case of Charles W. Bulow's executors, for 
4,675 acres of land, obtained permission, and filed evidence in said 
case. 

The Board adjourned until to-morrow at 10 o'clock. 

FRIDAY, September 17, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States Attorney foi* the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

Thomas Trave»'s' heirs vs. The United States, for 300 acres of 
land. This case being called, and being prepared for trial, v/as con- 
firmed by the Board. 

The follovting claims, viz. 
William Dry, one lot of land, 
Same one do. 

Same 1,000 acres of land, being called, and not being 

prepared for trial, were confirmed. 

On motion of claim ant's attorney, the Board resun^ed the consider- 
ation of the following claims, and obtained leave to amend the me- 
morials thereof, viz. 

Gabriel W. Perpall, for 16 acres of land; same, for 8^ acres; 
same, for 20 acres; and examined Francis Marien, after which the 
Board confirmed the two first, and ordered the latter to lie over for 
fui'ther proof. 

The Board adjourned until to-morrow, at 10 o'clock, A. M. 

SATURDAY, September 18, 1824. 

The Board met this day, pursuant to adjournment. 

Present, The Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States Attorney' for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

No business ap])earing before the Board, the same was adjourned 
until Monday next, at 1 o'clock, A. M. 

MONDAY, September 20, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States Attorney' for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

No business appearing before the Board, the same Wag adjourned 
tintil to-morrow, at 10 o'clock, A. M. 



282 [m] 

TUESDAY, September 21, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray, 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

James Riz et al. vs. The United States, for 640 acres of land. 
This case was taken up by the Board, and not being prepared for 
trial, was ordered to lie over, and claimant obtained leave to amend 
the memorial thereof. 

The Board took into consideration the following claims, viz. 

Chai'les W. Bulow^s executors, for 4,000 acres, and same for 675 
acres of land, and recommended the same for confirmation. 

On motion of the claimant's attorney, the Board resumed the con- 
sideration of the claim of John B. Gaudry, for 1,500 acres of land, 
and, after examining Francis Ferreira thereon, recommended the 
same for confirmation. 

The Board adjourned until Friday next, at 10 o'clock, A. M. 

FRIDAY, Septemblr 24, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

William Walker vs. The United States, for 175 acres of land. 
This case being called, and being prepared for trial, was confirmed 
by the Board. 

A. E.Ferguson's widow and heirs, for 1,150 acres. 

Geo. F. and Oliver Palmes, for 9P9i acres. 

These cases being called, the first was recommended for confirma- 
tion, and the last ordered to be reported as being interfered with by 
British titles. 

John B. Gaudry vs. The United States, for 3,000 acres of land. 
This case being called, and not being prepared for trial, was con- 
tinued. 

Nicholas Estifariopoly, by his attorney, obtained leave and pre- 
sented his claim for 2,500 acres of land, and examined Horatio S. 
Dexter therein, and the Board not being sufficiently advised therein. 
it is therefore oi'dered that the same be continued. 

The Boaril adjourned until to-morrow, at 10 o'clock, A. M., 

SATURDAY, September 25, 1824. 

The Board met this day, pursuant to adjournment. 

Present, The Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

The following claims being called, and being prepared for trial, 
were confirmed by the Board, 



[Ill] 2Ba 

Andrew Fleym's heirs, 500 acres. 

Philip Embara, 100 acres. 

William Pengree's heirs, 1,000 acres. 

Rebecca Pengree's heirs, 500 acres. 

Francis P. Fatio, LOGO acres. 

The Board took into consideration said claims, and, after examin- 
ing Joseph Hagins and F. J. Fatio therein, confirmed the same 

Sarah Petty vs. The United States, for 150 acres of land. This 
case being called, and being prepared for trial, after examining Jo- 
seph Hagins therein, confirmed 50 acres thereof to claimant. 

The Board then adjourned until Monday next, at 10 o'clock, A. M, 

BIONDAY, September 27, 1824. 

The Board met this day, p^irsuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for tlie Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

Francis P. Sanchez vs. The United States, for 600 acres, being 
called, Francis Marien was examined therein, and the Board not 
being^ sufficiently advised, tiie same is ordered to be continued. 

Sarkh Petty for 200 acres of land; same for 200. 

These cases being resumed by the Board, and William Reynolds 
Ijeing examined therein, were confirmed. 

The following cases being called, were, after due consideration, 
submitted, viz. 

Francis Marien, for 2,000 acres; and George Fleming's heirs for 
20,000 acres. 

The Board then adjourned until to-morrow, at 10 o'clock, A. M. 

TUESDAY, September 28, 1824. 

The Board met this day, pursuant to adjournment. 

Present, The Hon. Davis Flcyd, and George Murray. 

Edgar Macon, Esq. United States' Attoi-ney for the District of 
East Florida, attended the Board this day, under their order. 

Joseph Summerall, 300 acres; same 200 acres; William and John 
Lofton, 350 acres; same, 350 acres; same, 200 acres; Pedro Trope, 150 
acres; Daniel C. Hart, 150 acres. These cases being called, and 
being prepared for trial, were severally confirmed by the Board. 

Joseph Summerall vs. the United States, for 150 acres of land, 
Tliis case being called, and not being prepared for trial, it is there- 
fore ordered that the same lie over. 

The Board then adjourned until to morrow, at 10 o'clock, A. M. 

WEDNESDAY, September 29, 1824. 

The Board met this day, puivsuant to adjournment. 
Present, The Hon. Davis Floyd, and George Murray, 



I 



234 [ill] 

This day the Hon. William Henry Allen exhibited to the Board a. 
commission from the President of the United States, appointing him a 
commissioner to ascertain claims and titles to lands in East Florida, 
dated the 12th of Angust, 1824; and, having previously taken the oath 
of office, took his seat. 

Edgar Macon, Esq. United States' Attoniey for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

This day the following claims being called, and being prepared for 
trial, viere confirmed, viz: George F. and Oliver Palmes 245 acresj 
A. E. Ferguson's widow and heirs, 507 acres; same, 43^ acres. John 
Bolton for 2,000 acres. This case being called, was, after due con- 
sideration, submitted. 

John Gianopoly for 500 acres, and same for 10 acres of land. On 
motion of claimant's attorney, the Board took under consideration the 
said claims, and examined Pedro Beanet, and Benito Segui thereijL, 
after which they were ordered to lie over until to-morrow. 

The Board adjourned until to-morrow, at 10 o'clock, A. M. 

THURSDAY, September 30th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, All the membei'S. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended tlie Board this day, under their order. 

John Gianopoly, for 500 acres^ same for 10 acres; A. Montero's 
heirs, 25 acres; William Travers, 450 acres. These cases being calU 
ed, came hy their respective attorneys, and being preparetl for trial, 
were severally confirmed by the Board, 

Catalinade JesitsHijuelos vs. the United States, for 2,000 acres of 
land. This case being called, came by its attorney, and the same 
was submitted. 

Reuben Charles, 100 acres; Pedro Cocifacio, 500 acres. These 
cases being called, were laid over for further investigation. 

Mr. Strong obtained permission, and amended the memorial in the 
case of Lorenzo Capas' heirs, by substituting 173 acres in lieu of 
160 acres. 

On motion of the United States' attorney, the case of Nicholas Rod- 
riguez for 300 acres of land was opened, and ordered to stand over 
for further investigation. 

The Board adjourned until to-morrow, at 10 o'clock, A. M, 

FRIDAY, October 1, 1824. 

The Board met this day, pursuant to adjournment. 
Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dig? 
triet of Florida? attended tlie Board this day, under their order. 



[Ill] 235 

On motion of Mr. Strong, attorney for claimant, the Board resum- 
ed the consideration of the following claims, and confirmed thesame,« 
viz : 

Reuben Charles, 1,000 acres; William Williams, 2,020 acres^ same, 
1 80 acres. 

Horatio S. Dexter vs. the United States, for 2,500 acres of land. 
This day this case came before the Board, and after examining Geo. J. 
F. Clarke and Francis Marin therein, the same was submitted. 

The following cases, viz : Seymour Picket, 330 acres ; Robert 
Shepherd, 100 acres; heirs of Henry Martin, 400 acres; 

Being called, came by their attorneys, and after examining Gabriel 
W. Perpall therein, were submitted. 

The Board adjourned until to-morrow at 10 o'clock A. M. 

SATURDAY, October 2, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day under their order. 

Nathaniel Wilds, for 300 acres of land; Charles Love, for 300 do. 

These cases being called, and not being prepared for trial, were 
continued. 

The Board took into consideration the claim of F. M. Arredondo 
and Son, for 289,645 acres of land, and Peter Mitchell, for an undi- 
vided fourth part of said grant; and the attorney in the above cases 
obtained leave and amended the Memorial in the case of Peter Mit- 
chell. The depositions and evidence in the case of Moses E. Levy 
vs. the United States, for 3G.000 acres of land, being part of said 
grant, was admitted by the Board, and was read, as was also the de- 
positions of Horatio S. Dexter, and Edward M. Wanton, and Tho- 
mas Murphy; Joshua Coffee and Francis P. Sanchez, were examined 
therein. At 2 o'clock P. M. the Board not being sufficiently advised 
in the said claim, adjourned the further consideration until Monday 
next. 

The Board adjourned until Monday next at 10 o'clock A. M. 

MONDAY, October 4th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' attorney for the Eastern Dis- 
trict of Florida, attended the Board this day under their order. 

Constance McFee vs. the United States, for 446 acres of land. 
This case being called, and not being prepared for trial, was con- 
tinued, 



ns^ Ciii] 

Francis P. Sanchez vs. the United States, tor 25 acres of land. 
This case being called, and being prepared for trial, was confirmed 
by the Board. 

F. M. Arredondo and Son, and Peter Mitchell, vs. the United 
States, for 289,645 acres of land at Alachua. 

The Board resumed the consideration of the said claim, and the 
same was submitted. 

The Board adjourned until to-morrow at 10 o'clock A. M- 

TUESDAY, October 5th, 1824. 

Th« Board met this day, pursuant to adjournment. 

Pr-esent, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis* 
trict of Florida, attended the Board this day under their order. 

No business appearing before the Board, the same was adjourned 
until to-morrow at 10 o'clock A. M. 

WEBNESDAY, October 6th, 1824, 

The Board met this day, pursuant to adjournment. 

Piesent, all the members. 

Edgar Macon. Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day under their order. 

No business appearing, tlie Board adjourned until to-morrow at> 
10 o'clock A. M. 

THURSDAY, OcTOBEa 7, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Honorable George Murray and William H. Allen. 

Edgar Macon, Esq. United States' Attorney for the Eastern Disv, 
trict of Florida, attended the Board this day under their order. 

No business appearing, the Board adjourned until to-morrow at 10 
o'clock. 

FRIDAY, October 8, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edward Macon, Esq. United States' Attorney for the Eastern Dis» 
trict of Florida, attended the Board this day, under their order. 

No business appearing, the Board adjourned until to-morrow at 
10 o'clock A. M. 

SATURDAY, October 9tb, 1824. 

The Board met this day, pursuant to adjournment 
Present, all the members. 



[ 111 1 237 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida attoided the Board this day, under their order. 

No business appearing before the Board, the saiiie was adjourned 
until Monday next. 

MONDAY, October U, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and W. H. Allen. 

Edgar Macon, Esq United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

Sarah Petty vs. The United States for 268i acres of land. 

On motion of claimant's attorney, theBoard resumed the considera- 
tion of said claim, and confirmed the same. 

John Bunch vs. The United States for 2,160 acres of land. This 
case being called, came by its Attorney, and, after examining Horatio 
S. Dexter and William G. Perpall therein, ordered that the same be 
reported to Congress. 

William Travers 1,000 acres. 
Same 172 do 

Francis P. Sanchez 100 do 

These cases being called and being prepared for trial, were con- 
firmed. 

Pedro Cocifacio vs. The United States for 2,000 acres of land. 
This case being prepared for trial, was recommended for confirma- 
tion. 

Nicholasa Gomez' heirs vs. The United States for 1,200 acres of 
land. This case came by its Attorney, and the Board, after due con« 
sideration, submitted the same. 

The Board adjourned until to-morrow at 10 o'clock A. M. 

TUESDAY, October 12th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and W^illiam H. Allen* 

Edgar Macon, Esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

John Gianopoly vs. The United States for 15 acres of land. 

On motion of claimant's Attorney, the Board resumed the consider- 
ation of said claim, and after examining Benito Segui thereon, con- 
firmed 10 acres thereof to claimant. 

The Board resumed the consideration of the following claim, viz: 
Francis J. Fatio etal. for TOO acres of land on St. John's river and 
two small marsh Islands in front, and confirmed the same. 

On application of claimant's Attorney, the order of rejection was 
set aside on the following claim, viz: John Jones vs. The United 
States for 100 acres of land, and upon further evidence, the case was 
submitted for final decision, and the title confirmed. 

The Board adjourned until to-morrow at 10 o'clock A, M. 
Rr 



238 [111] 

WEDNESDAY, October, 13th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon? esq. United States' Attorney for the Eastern District 
of Florida, attended the Board this day, usder their order. 

On motion of claimant's attorney, the Board resumed the consi- 
deration of the claim of Joseph Wa'c' vs. the United States for 2,375 
acres of land, and, after examining Horatio S. Dexter therein, re- 
commended the same to Congress for confirmation— the Hon. George 
Murray differing. 

The Board adjourned until to-morrow, at 1 o'clock, A. M. 

THURSDAY, October 14, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United Slates' Attorney for the Eastern District 
of Florida, attended the Board this day, under their order. 

Mr. Drysdale, attorney for the claimant, obtained leave, and filed a 
deed of conveyance from Samuel Cook to Francis P. Sanchez, on the 
claim of the latter for 100 acres confirmed the 11th inst. 

The Board, not being sufficiently advised of and concerning the 
case of George Fleming vs the United States, for 20,000 acres of 
land, on motion of the District Attorney, the case was opened for ar- 
gument, and not having time to close said argument, on motion of 
counsel, it was deferred until to morrow. 

The Board then adjourned until to-morrow at 10 o'clock A. M. 

FRIDAY, October 15th, 1824. 

The Board met this day. pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern Dis- 
trict of Florida, attended the Board this day under their order. 

The argument in the case of George Fleming's heirs, for 20 000 
acres of land, which was deferred for this day, was taken up and con- 
cluded. 

The Board adjourned until to-morrow at 10 o'clock A. M. 

SATURDAY, October I6tb, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern District 
of Florida, attended the Board this day, under their order. 

On motion of the United States' Attorney, the case of Gideon Du- 
pont's heirs, for 400 acres of land, was opened, and ordered to stand 
over for further investigation, until Monday next. 

The Board adjourned until to-morrow at 10 o'clock A. M, 



[Ill 3 23§ 

MONDAY, October 18tli, 1824. 

The Board met this day, pursuant to adjournment. 

Present all the members. 

Edgar Macon, esq. United States' Attorney for the District of East 
Florida, attended the Board this day. under their order. 

Antonio Canovas, jun. vs the United States, for 640acres. 

This case was ordered to be reported to Congress under the dona- 
tion act, to be measured out by the Surveyor General, according to 
the act of Congress, under which he claims his title. 

Gideon Dupont's heirs for 400 acres of land. On motion of the 
United States' Attorney this case was re-examined, and the Board 
being sufliciently informed of the same, it was re-confirmed. 

The Board adjourned until to-morrow at 10 o'clock, A. M. 

TUESDAY, October 19th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern District 
of Florida, attended the Board this day, under their order. 

No business appearing before the iioard, the same was adjourned 
antil Monday next the 25th inst. at 10 o'clock, A. M. 

MONDAY, October 25th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern District 
of Florida, attended the Board this day, under their order. 

No business appearing before the Board, the same adjourned un- 
til to -morrow at 10 o'clock, A. M. 

TUESDAY, October 26th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern district 
of Florida, attended the Board this day, under their order. 

Robert Miller, by !ms attorney. Burton A. Copp, presented his me- 
morial to this Board, praying confirmation of title to 640 acres of 
land, situated in Duval County, on an island, called Martin's Island. 
Filed. 

The Board adjourned until to-morrow at 10 o'clock A. M. 

WEDNESDAY, October 27tli, 1824. 

The Board met this day, pursuant to adjournment. 
Present all the members. 

Edgar Macon, esq. United States' Attorney for tht Eastern district 
of Florida; attended the board this day, under their order. 



240 r ^ 4 1 ] 

No business appearing before the Board, the same adjourned until 
to-morrow at 10 o'dock A. M. 

THURSDAY, October 28th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, All the members. 

Edgar Macon, Esq. United States' Attorney, for the Eastern Dis- 
trict of Florida, attended the Board this day, under their order. 

On motion of the United States' Attorney, and it appearing to the 
satisfaction cf the Board, that William Reynolds had been duly sub- 
poenaed to attend the Board of Land Commissioners for East Florida, 
to testify on the part of the United States. In the case of Bernardo Se- 
gui, for 16,000 acres of land, and failed to attend the said Board, it 
is therefore ordered, that the Secretary issue an attachment against 
the said William Reynolds, directed to the Marshal of East Florida, 
commanding the said Marshal to bring the said Reynolds before the 
Board this evening at fout- o'clock. 

The Board then adjourned until four o'clock this afternoon. 

THURSDAY Afteenooi^, 4 o'clock. 

The Board met. 

Present, the Hon. Davis Floyd and William H, Allen. 

The Marshal of East Florida, made his return, that, agreeably to, 
and in virtue of the attachment directed to him from this Board, he 
had William Reynolds, the person in said attachment named in his 
custody, and at the bar of the Board of Commissioners. W hereupon, 
the said Reynolds was asked, if he had any excuse to offer, for not 
obeying a writ of subpoena directed to him, and requiring him (the 
said Reynolds,) to appear before this Board, to testify on the part of 
the United States for i6,0G0 acres of land, and the said Reynolds 
offering no satisfactory excuse, was held to have been in contempt. 
But the Board being divided as to the expediency of detaining the 
said William Reyjmlds any longer in custody, he was discharged. 

This day. William Reynolds was examined on the part of the Uni- 
ted Stats in the case f;f Bernardo Segui, for 16,000 acres of land. 
After which, the Board adjourned until to-morrow at 10 o'clock, A.M. 

FRIDAY, October 29th, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern District 
of Florida, attended the Board this day, under their order. 

No business appearing before the Board, it adjourned until to-mor= 
row at 10 o'clock, A. M, 



[Ill] 241 

SATURDAY, October 30th, 1824. 

The Board met this day, pursuant to adjournmenti 

Present, all the members. 

Ed.^ar Macon, esq. Unised States' Attorney for the Eastern Dis- 
trict of Fl(»nda, attended the Board this day, under their order. 

No business appearing before the Board, it adjourned until Mon- 
day next, at 10 o'clock, A. M. 

TUESDAY, November 2nd, 1824. 

Tfje Board met this day, pursKant to adjournment. 

Present, all the members 

Ed<ar Macon, esq United States' Attorney for tlje Eastern District 
of Florida attended the Board this day, under their oider. 

No business appearing before the Board, it adjourned until to-mor- 
row, at 10 o'clock, A M. 

THURSDAY, November 4th, 1824. 

The Board met this day. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern District 
of Florida, attended the Board this day, under their order. 

Mr. Putnam, attorney for claimant, moved that the order of confir- 
mation on the follow ing claim should be set aside, viz. John Jones vs. 
the United States for 100 acres of land, which tract of land was con- 
firmed by the Board, the 12th of October, 1824. It was therefore, 
ordered by the Board that the Secretary inform Mr. John B. Strong, 
former counsel for claimant, that the said case would stand open for 
a re-hearing to morrow afternoon. 

Henry Hartley, by his attorney, Isaac N. Cox, presented his me- 
morial to this Board, praying confirmation of title to 640 acres of land, 
with a plat and certificate of survey, by E de Van Evour, in favor of 
memorialist, dated July 21, 1824; also, an affidavit of Joseph Summer- 
al, dated 19th June, 1824. Filed. 

James James, by his attorney, Waters Smith, presented his memo- 
rial to this Board praying confirmation of title to 640 acres of land 
on the south side of Julington Creek, when, on motion of claimant's 
attorney, the Board took the same into consideration, and, after exa- 
mining Joseph Summerall and Lewis Gardner therein, ordered the 
same to be reported to Congress under the donation act. 

The Board then adjourned until to-morrov/, at 3 o'clock, P. M. 

SATURDAY Afternoon November, 6, 1824. 

The Board met this day. 
Present, tlie honorable George Murray. 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 



Mt [HI] 

There being no business, the Board was adjourned until Monday 
siext, at 10 o'clock, A. M. 

MONDAY, NoTEMBER 8, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. Allen. 

Edgar Macon, Esq. United States' Attorney for the eastern diS" 
trict of Florida, attended the Board this day, under their order. 

The motion of Mr. Putnp.m, moving the Board to set aside the or- 
der of confirming to John Jones 100 acres of land, was this day taken 
into consideration by the Board, and ordered to be continued for fur- 
ther investigation. 

Juan Oliver presented his memorial to this Board praying confir- 
mation of title to 640 acres of land, on St. John's River, near Dunn's 
Lake Filed. 

The Board adjourned until to-morrow, at 10 o'clock, A. M. 

WEDNESDAY, November 10, 1824. 

The Board met this day. 

Present, the honorable George Murray and William H. Allen. 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Board this day, under their order. 

No business appearing before the Board, the same was adjourned 
Bsntil to-morrow, at 4 o'clock, P. M. 

THURSDAY, November U, 1824. 

The Board met this day, pursuant to adjournment. 
Present, the honorable George Murray. 

There being no business, the Board adjourned until to-morrow, at 
10 o'clock, A. M. ' . 

FRIDAY, November 12, 1824. 

The Board met this day. 

Present, the honorable George Murray. 

Ordered that the cases now upon tlm docket, which have been sub- 
mitted, and those which have been translated and read before the 
Board, as prepaied for trial, shall be acted upon and disposed of as 
they stand upon the docket after Monday next, unless good cause can 
be sJjewn for delay or a continuance. 

Tlje Board adjourned until Monday next, the 15th instant, at 10 
o'clock, A. M- 

MONDAY, November 15, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. AUeu; 



[Ill] 248 

Edgar Macon, Esq. United States' Attorney for the eastern dis- 
trict of Florid i, attended the Board this day, under their order. 

No business appearing, the Board adjourned until Friday, the 19th 
inst. at 10 o'clock, A. M. 

FRIDAY, November 19, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. Allen. 

Edgar' Macon, Esq. United States' Attorney for the eastern district 
of Florida, attended 'he Board under their order. 

Ni) business appearing before the Board, the same was adjourned 
until Monday next, tiie 22d instant, at 10 o'clock, A. M. 

■ MONDAY, November 22, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. Allen. 

Edgar Macon, Ksq. United States' Attorney for the eastern dis- 
trict of Florida, attended the Boaid this day. 

On motion of Mr. Strong, attorney for claimant, he obtained leave 
to amend the memorial on the following claim, viz. Bartolo Maestre 
for 300 acres of land. 

The Board resumed the consideration of the claim of Bernardo Se- 
gui vs. the United States for 16,000 acres of land, aud examined 
Francis de Medecis as witness therein on the part of the claimant. 

The Board then adjourned until to-morrow at 3 o'clock P. M. 

TUESDAY, November 23, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. Allen. 

Edgar Macon, Esq. United States' Attorney for the eastern district 
of Florida, attended the Board this day, under their order. 

No business appearing before the Board, the same was adjourned 
until to-morrow, at 10 o'clock, A. M. 

WEDNESDAY, November 24, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. Allen. 

Edgar Macon, Esq. United States' Attorney for the Eastern district 
of Florida, attended the Board this day, under their order. 

James Hagen presented his memorial to this Board, praying con-^ 
firmation of titje to 640 acres of land, situated on the north side of 
the ri\er Miania. Filed. 

Polly Lewis presented her memorial to this Board, praying con- 
firmation of title to 640 acres of land, situated about one mile south 
of the river Miami, near Cape Florida. Filed. 



244 [m] 

Jonathan Lewis presented his memorial to the Board, praying con- 
firmation of title to 640 acres, situated about two miles soHth of the 
river Miama, near Cape Florida. Filed 

Mrs. Hagesis presented her memorial to this Board, praying con- 
firmation of title to 640 acres of land situated on the south side of 
the river Miami near Cape Florida. Filed. 

The attorney for claimant on the following cases, obtained leave 
and amended the memorials thereof, viz: 

Pedro de Cala . - . „ . 500 

Same .--..- £oo 

Lazaro Ortega vs the United States for 38 acres of land. 

This case being called, and not being prepared for trial, was laid 
over. 

The Board adjourned until to-morrow, at 11 o'clock, A. M. 

THURSDiiY, November 25, 18£4. 

The Board met this day, pursuant to adjournment. 
Present, the honorable George Murray and William H. Allen. 
Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day under their order. 

The Board resumed the consideration of the claim of Bernardo 
Segui, esq. vs tiie United States for 16000 acres of land; and examin- 
ed George J. F. Clirke, Pedro Miranda, Eusebio M. Gomez, as 
witness on the part of the claimant. 

The Board resamcid the consideration of the following claims, and 
confirmed the same, viz: 

Seymour Picket _ - . 350 acres of land, 

Robert Shepherd - - - 100 do 

Henry Martin's heirs - - 400 do 

The Board adjourned until to-morrow, at 1 1 o'clock, A. M. 

FRIDAY, NovEMBEK 26, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. Allen. 

Edgar Macon- Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day under their order. 

Robert Walker vs the United States for 100 acres of land at Mos- 
quito. This case being called, after examining Gabriel W. Perpall 
therein, the Board confirmed the same. 

Robert Gilbert vs the United States for 100 acres of land on Ma- 
tanza river. This case came by its attorney, and being prepared for 
trial was confirmed. 

The Boai J aiijourned until Monday next at 11 o'clock, A. M, 

MONDAY, NovEMBE'i 29, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the honorable George Murray and William H. Allen. 



[ml 245 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

No business appearing before the Board, the same was adjourned 
until to morrow at U o'clock, A. M. 

TUESDAY, November 30, 1824. 

The Board met this day, pursuant to adjournment. 

Present, the Hon. Davis Floyd and George Murray. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

No business appealing before the Board, it was adjourned until 
to-morrow at 1 1 o'clock, A. M. 

WEDNESDAY, Decembeu 1, 1824. 

The Boar*! met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, atteficled the Board xhis day, under their order. 

Pedro Cocifacio vs the United States for 522 acres of land on Gu- 
ana creek. This case being called, came by its attorney, and being 
prepared for trial, was confirmed by the Board. 

On motion of the attorneys, the Board resumed the consideration 
of the following cases, and confirmed the same, viz: 

Gabiel Priest, 500 acres on Black creek, St. Johns's river; and 
Edward M. Wanton, 600 acres on Colesores creek, St. John's river. 

The Board re-considered the case of Robert Gilbert vs the United 
States, for 100 acres of land on Matanza river, which was confirmed 
the 26th ult. and as it was found that the said tract was undefined 
in quantity, it was therefore ordered that the same be recommended 
to Congress. 

Emanuel D. Mott, for 640 acres under the donation act. This case 
coming in for adjudication, and the Board rejecting, as evidence, affi- 
davits offered in evidence by claimant, upon the motion of claim- 
ant by his attorney, it is ordered, that the case stand continued, and 
that he have leave to introduce witnesses, and that the same are order- 
ed to be subpoened. 

The Board adjourned until to-morrow at 1 1 o'clock, A. M. 

THURSDAY, December 2, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

On motion of claimant by his attorney, the Board took into con- 
sideration the caseof Nicholas Estefanopoly vs the United States, for 
2'500 acres of land; and examined Francis Ferr«ira, Bernardo Segui^* 
Ss 



■^ ' 



246 [ill J 

■I 

and Jose B. Reyes, as witnesses therein, on the part of the claimant^ 
which was submitted, as also the claim of Isaac N. Cox for 500 acreg, 
being part of the above claim. 

Joseph S Sanchez vs the United States, for 20 acres of land on 
Anastatia Island. The attorney for claimant obtained leave, and 
presented the foregoing claim for adjudication; and the Board not 
being sufficiently advised concerning said claim, it was therefore or- 
dered to be continued for further investigation. 

The Board adjourned until to-morrow, at 11 o'clock, A. M. 

FRIDAY, December 3, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States* Attorney, for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

No business appearing before the Board, the same was adjourned 
until to-morrow, at 1 1 o'clock, A. M. 

SATURDAY, Dhcemrer 4, 1824. 

The Board met this day, pursuant to adjournment. 
, Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their ordor. 

No business appearing, the Board adjourned until Monday next, 
the 6th inst. at 1 1 o'clock, A. M. 

MONDAY, December 6, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Mr. Drysdale obtained leave, and tiled the following documents, 
viz: 

Robert Harvey Simpson, and Ann Simpson, his wife, claim for 
5000 acres of land. Original grant and certificate of no compensa- 
tion having been made by the British Government. 

John Holland, and Jane Holland, his wife, claim for 5000 acres of 
land. Original grant and certificate of no compensation by the Brit- 
ish Government. 

Eliliu Hall Bay, and Margaret Bay, claim for 5000 acres of land. 
Original grant and certificate of no compensation by the British 
Government. 

The heirs of Andrew Turnbull, various claims. Certificate that no 
compensation was ever made by the British Government for any lands 
executed to Andrew Turnbull, and certified copy of Dr. Andrew Turn- 
ball's will. 



[ 111 ] 247 

James Marshall, in a claim filed, certificate of no compensation by 
the British Government. 
The Board adjourned until to-morrow, at 11 o'clock, A. M. 

TUESDAY, December 7, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney, for the Eastern dis- 
trict of Florida, attended the Board, this day, under their order. 

No business appearing, the Board adjourned until to-morrow, at 
11 o'clock. 

WEDNESDAY, December 8, 1824. 

Th« Board met this day pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

No business appearing, the Board adjourned until to- morrow, at 
11 o'clock. 

THURSDAY, December 9, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

William Evans, by his attorney, James Hughes, presented his me- 
morial to this Board, praying confirmation of title to 640 acres of 
land, under the donation act; situated on Derbin's creek, on the road 
leading from St. Augustine. Filed. 

On motion of claimant's attorney, the Board took under consider- 
ation the claim of John Jones, for 640 acres of land under the dona- 
tion actj and examined Samuel Fairbanks, as witness on the part of 
the United States therein, and the claim was submitted. 

The Board took under consideration the claim of Emanuel D. Mott, 
for 640 acres of land under the donation act; and the affidavits of Sam- 
uel Fairbanks and John Jones were read as evidence therein, and the 
claim was submitted. 

The Board adjourned until to-morrow, at 1 1 o'clock, A. M. 

FRIDAY, December 10, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney, for the Eastern dis- 
trict of Florida, attended the Board, this day, under their order. 

The Board was this day occupied in making up their report to 
Congress, and no other business appearin^^, it was adjourned U^til tQ- 
tnorrow, at 1 1 o'clock, A. M. 



L 



348 [111] 

SATURDAY, December 11, 1824. 

The Board met this day, pursuant to adjournment. ' 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Jose Simon Sanchez vs the United States for 20 acres of land, on 
Anastatia Island. This case being called up, on motion of claimant's 
attorney, the memorial thereof was amended, and the Board confirm- 
ed the same in favor of the heirs of Francis X. Sanchez. 

Elihu Woodruff and others, for 350 acres of land on St. John's 
river, at a place called New Bueno Vista. In this case it was order- 
ed, upon motion of claimant's attorney, that the case be opened, and 
the same be re-instated on the docket. 

The Board adjourned until Monday next, at 1 1 o'clock, A. M. 

MONDAY, December 13, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

The Board took into consideration tlic case of John D. Vaughn 
for 950 acres of land, situated on Nassau river, and confirmed th» 
same. 

The Board adjourned until to-morrow, at 11 o'clock, A. M. 

TUESDAY, December 14, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

No business appearing, the Board adjourned uHtil to-morrow, at 
11 o'clock. 

WEDNESDAY, December 15, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Joscpli Higginbottom,by his attorney. Waters Smith, presented 
his memorial to this Board, praying confirmation of title to 640 acres 
of land under the donation act, situated on the upper landing of Lit- 
tle St. Mary's river. Filed. 

Henry Sevenney, by his attorney, Waters Smith, presented his me- 
morial to this Board, praying confirmation of title to 640 acres of 
land under the donation act, situated on the west side of St. John's 
river, two and an half miles north of Jacksonville. Filed. 



[ 111 ] 249 

Mary Lewis, by her attorney, Waters Smith, presented hep menio° 
pial to this Board, praying confirmation of title to 640 acres of land 
under the donation act, situated on the river Miama, near Cape Flo- 
rida. Filed. 

John D. Braddock, by his attorney, Waters Smith, presented his 
memorial to this Board, praying confirmation of title to 640 acres of 
land under the donation act, situated on the south side of Little St. 
Mary's river. Filed. 

The Board took into consideration the claim of James Riz and 
others for 640 acres of land, situated at Picolata, on St. John's river; 
and produced as evidence therein, the depositions of George Coles 
ind Horatio S. Dexter; and the Board being fully advised of and con- 
cerning the case, it was ordered to be reported to Congress under the 
lonation act. 

Margaret Acosta vs. the United States for 640 acres of land, sit- 
uated north and without the gates of the city of St. Augustine. 

The claimant produced as evidence in said case, the depositions of 
lohn Gianopoly and Peter Masters, and the Board not being sufli- 
ciently advised therein, ordered the same to be continued. 

William Bardin vs. the United States for six lots of land, situated 
at a place called St. Anthony, St. John's river. On motion of claim- 
ant's attorney, the Board took into consideration the said claim, and, 
after examining Joseph Hagen therein, confirmed the same to the 
vvidow and other heirs of Uriah Bowden. 

The Board adjourned until to-morrow at 10 o'clock, A. M. 

THURSDAY, December 16, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
rict of Florida, attended the Board this day, under their order. 

The Board was this day occupied in making out their report to 
Congress. 

No business appearing the Board adjourned until to-morrow, at 
10 o'clock, A. M. 

FRIDAY, December 17, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney, for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

The Board was this day occupied in making out their report to 
Congress. 

No business appearing, the Board adjourned until to-raorrow, at 
10 o'clock, A. M. 



350 [ 111 "] 

SATURDAY, December 18, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States* Attorney, for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

The Board resumed the consideration of the case of Antelm Gay 
Ts. the United States for a lot of land in Fernandina, Amelia Island, 
and confirmed the same. 

The case of Joseph M. Hernandez for 635 acres of land, was re-con- 
sidered and re-cenfirmed by the Board. 

The Board adjourned until Monday next, the 20th instant, at 
10 o'clock, A.M. 

MONDAY, December 20, 1824. 

The Board met this day, pursuant to adjournment. 
Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern di& 
trict of Florida, attended the Board this day, under their order. 

The following cases were this day re-considered and re-confirme 
by the Board, viz: 

James and Emanuel Ormond - - 2000 acres 
Francis Avice - - - - 115 do. 

•Joseph M. Hernandez - . - 455 do. 

The Board re-considered the following cases and recommended tk 
the same for confirmation viz: 

Michael Crosby's heirs - - - 2000 acres 
Same - - - . _ 500 do. 

The Board resumed the consideration of these cases, and confirmd 
the same. 

Francis P. Sanchez . . _ 250 do. 

Shadrick Standley . _ . 300 do. 

Joseph Summerall vs the United States, for 150 acres of lani 
There not appearing sufficient evidence in the opinion of the Board I 
confirm said claim, the same was rejected. 

Danuel C. Hart vs the United States, for 150 acres of land. Th 
Board re-considered said case, and ordered that the same lie ove 
for further investigation. 

Th« Board adjourned until to-morrow, at 10 o'clock, A. M. 

TUESDAY, December 21, 1824. 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, Esq. United States' Attorney for the Eastern dis- 
trict of Florida, attended the Board this day, under their order. 

Mary Ann Davis vs the United States, for 175 acres of land, 
situated on an Island called ICey Biscayno, one of the Florida KeyS' 



[Ill 3 25i 

On motion of claimant's attorney, this case was called, and con- 
irmed by the Board- 

The Board resumed the consideration of the case of Nicolasa Go- 
mez* heirs vs the United States, for 1200 acres situated at Hillsboro 
river, and confirmed the same. 

The Board adjourned until to-morrow at 10 o* clock, A. M. 

WEDNESDAY, December 22, 1824, 

The Board met this day, pursuant to adjournment. 

Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern Dis- 
rict of Florida, attended the Board this day, under their order. 

The Board was this day occupied in making out their report to 
vongress. 

The Board adjourned, until to-morrow, at 10 o'clock, A. M. 

THURSDAY, December 23d, 1824. 

The Board met this day, pursuant to adjournment. 
Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern Dis- 
rict of Florida, attended the Board tiiis day. under their order. 
The Board adjourned until to-morrow at 10 o' clock, A. M. 

FRIDAY, December 24th, 1824. 

The Board met this day, pursuant to adjournment. 
Present, all the members. 

Edgar Macon, esq. United States' Attorney for the Eastern Dis- 
set of Florida, attended the Board this day, under their order. 
On motion of claimant's attorney, the Board took into considera- 
on, the case of Bartolome de Castro y Ferrer vs. the United States, 
)r 2,266^ acres of laud, situated at San Pablo, about forty miles north 
f St. Augustine, and Francis J. Fatio being examined therein, the 
(oard confirmed the same. 

/ The Board resumed the consideration of the claim of Fernando de 
la Maza Arredondo and son, for four leagues of land to each wind, 
and Peter Mitchel's claim for i of the said four leagues, situated at 
Alachua, and ordered that the same be reported to Congress for con- 
firmation. 

The Board adjourned. 

TUESDAY, December 28, 1824. 

The Board met this day. 

Present, all the members. i 

Edgar Macon, Esq. United States' Attorney, attended the Board ( 

this day, under their order. / 



52 



till 3 



Samuel Clark, and George S. Brew vs. tl»e United States for 300® 
acres of land, situated on St. Mary's River. The Board resumed 
the consideration of said claim, and confirmed the same. 

On motion of claimant's attorney the Board took under consideration 

the following claims, and recommended the same for confirmation, vizs 

Joseph F. White - - - f of 2000 acres 

Same - - - - | of 1800 do. 

Henry Eckford ... lOOO do. 

On motion of claimant's attorney, the Board took up the claim of 

Bartolome de Castro y Ferrer, for £000 acres of land, and con- 

firmed the same. 

The following claims, as being part of F. M. Arredondo and Son's 
grant of four leagues of land to each wind, situated in Alachua, were ' 
this day recommended by the Board for confirmation, viz: 

Alexander M. Muir, et al. in trust for the Florida assosiation 
for - . - - - 30,720 acres 

N. Brush - - - - 10,000 do. 

Elisha Huntington - - - 10,000 do. 

Same - - - - 2000 do. 

On motion of claimant's attorney, the Board resumed the con- 
sideration of the case of Mary Acosta vs. the United States for 640 
acres of land, situated within the 1500 varas North of the city of 
St. Augustine, and confirmed to said claimant 34 li English yard^ 
in front on the East side of the road, and in depth running to the 
North River. 

We certify, that the foregoing sheets contain a correct transcript 
from the minutes of the Board of Land Commissioners, since the la^ 
report to Congress. 

DAVIS FLOYD, 
GEORGE MURRAY, 
W. H. ALLEN. 
Test 

f/j. Fatio, Sec. B. L, O. 

St. Augustine, 
January 1, 1825. 



jin 



/ . 



52 



Cill] 



Samuel Clark, and Genm-n <s n 
acres of land, si uateU „„ It m l*;'-*""^ *^"i'«l Stat»,, 

Same . " - ? of 2000 acres 

Henry Erkford . " ' ! "f I800 d,. 

On motion of claimant's attorney thn n„„,i .'",'"' ''''■ 
firrd'Zsate"-"" ^ ^^ ' ^^' -o^r^'::i^I:'■-';-r 

N. Brush - . " ■ ^''•'-'' acres 

E,ish^.^H„n.i„g.„„ _. : : ;x°t 

On motion of claimant's attorney, tl,"e Board resumed Ik , 
a.deration of the case of Mary Acosta vs. Il,e Unite IStatJwo 
acres ot land, s.tuatcd within tho 1500 varas North of ^6*0 
St Augusfne. and confirmed to said claimant 34.' E>g , il 

We certify, that the foregoing sheets contain a correct tranicrirt 
from the minutes of the Board of Land Commissioners, siiiculbeliil 
report to CoDgress. 

DAVIS FLOYD, 
GEORGE MURRAY, 
W. H. ALLEN. 
Test, 

F. J. f ATio, See. B. L. O. 

St. Augustine, 
January 1, 1825. 



Ill— Tt 



REPORT No. 1. — Register of Claims to Lands not exceeding 3,5oo acres, which have been confirmed by the Commissioners for the District of T.ast Florida. 



i 


NAME OF' 








ONcrs. 






z[t:;zz:::, 


COIOITIOHB. 












a .„.. 1 


















f 


'""" -="■«""• 


°»'°-"" "">"™- 






SOBVZY 




Acres. 


lOOilths 




"■ 'ZZ'Z' '" 










il'itim. 


To. 




1 


J. F. BrowD 


Josiah Grey 






16th Feb. 


1810 


51 




Coppinger 


1815 


none 


6ih May, 


1816 


George J. P.Clarke 


Dames Point St. Julin's 




' 


2 


Sune 




Same 






Same 




95 






biinie 


1815 


none 


81I1 Ma.v, 


1816 


Same 


(llspbiiard t'.rcck St. John's 








3 


Mariano A. Berta 




Andres Pacety . 


16th October, 


1816 






186 






Eslrads 


1790 


none 








Nowh Itivcr 








4 


George Atkinson 




William Heart . 


4ih October, 


18U 






350 






Estrada 


1790 




251h P. b. 


1812 


Geo. J. F. Clarke' 


East Rink ^t. John's 








i 


Isaac Hendricks 




Isa.ic Hendricks 


28th Septem. 


.1816 






350 






Coppinger 


1790 


none 


141hF.b. 


1817 


Same 


M'Co>'si:r^.ek St. John's • 








6 


Nallianicl Wilds 




Iteuban Hogans 


26th May, 


1815 






33S 




33J 


Km.id.n 


1790 


none 








St. Mary's • 








r 


William Hart . 




William Hart . 






19th June, 


1816 


200 






t^opiiilger 


1790 


none 


1st Aug. 


1319 


.\ndres Burgevin 


St Di,.go . 








8 


Mary Smith 




Mary Smith 


23d February, 


is'os 






350 






While 


1790 


none 








S,,W|.it Bl.illSt.Joli,,'. 








9 


Same 




Same 


23d Februaty, 


1809 






450 








1790 










Hid. Planl.lion 








10 


George W. Martin 




Charles Clarke - 


lOlh April, 


isir 






300 






Coppinger 


1815 


none 


30lh May, 


1820 


Geo. J. F. Clarke ' 


Wrst SI. John 








tl 


Zachariah Hof^ns 




Maria Suarez . 


13[h Septem. 


1816 






200 






do 


1815 


none 


21sl Fvb. 


1817 


,lo 


Jacksonvilh- St. JMui's 








13 


Krederick V'MuUin 




Frederick M'Mullin - 






30th Jan. 


1816 


450 






<Io 


1815 


none 


lOth K.b. 


1816 


do 


Tra.lerslliUSt. Maiy'a 








13 


Abraham Bellamy 




Samuel Sauls - 






10th Oct.. 


1815 


350 






£stradii 


1815 


none 


imli Marcli, 


1819 


do 


Fu..k avnna 








U 


Lrwis Mattair - 




Lewis Mattair - 






24ih Oct. 


1815 


■ 300 






do 


1815 


none 


3J Aug. 


1817 


do 


Mux's Hrahch 








15 


Same 




Heirsof Jos. Espinosa - 


20th January, 


18U 






150 






While 


1790 


none 


4th Nov. 


1819 


Andres Rurgrvin 


Head St. Pablo Creek 








16 


Moses E. Levy . 




Antonio Mier - 


16th Februar) 


1816 






275 






C'lppinjer 


1815 


none 








•t. Diego 








ir 


Burtolome de Castro y Ferrir 
William and John Lofton 


Bartolome tie Castro y Ferrer 


ISlh July, 


1815 






1000 






Eilia.la 


1790 


none 


3d April, 


1821 


Andres Burgevin 


The three Runs 








13 


John Lofton - 






18lh Sept. 


1800 


50 






.■l.,r.ilc. 


1790 


none 








Amelia Island 








19 


Peter Miranda - 


Peter Miranda - 


12th Decern. 


1817 


, 




2000 






Ciippiiser 


1815 


none 








St. John's River 








20 


Josepli Summeral 




Joseph Summeral 






20th June, 


1815 


400 






Eslla.li 


1790 


none 


15th M»y, 


1821 


Geo. J. F. Clarke 


East St. Job.,'. River 








21 


Antonio Proctor 




Antonio Proctor 


8th March, 


1816 






185 






Coppingrr 


1815 


none 


18lh Dec. 


1815 


Andres Burgevin 


St. Sebasliuns Kivcr 








22 


Ramon Sanchez 




Ramon Sanchez 


19th April, 


1816 






200 








1815 


none 








River Si. John'. • 








23 


Francis P. Sanchez 




Joseph Fernandez 


I9th June, 


1816 






100 






d» 


1790 


none 


30tli June, 


1818 


Anilrrs Burp-vin 


Norlh River 








24 


Same 




Domingo Estaclmly 


5tb Decern. 


1816 






230 






do 


1815 


none 


15tli May, 


1817 


Geo. J. F. (Il.ike 


Little 1. Marj's 








35 


Same 




Joseph S. Sanchez 


26ih June, 


181i 






380 






do 


1615 




1st Hav, 


1819 


llobt. M'Hardy 


Si.Dugo . . 








26 


Same 




Same 


22d Feb. 


1816 






SSO 






do 


1790 


none 


Ist Aug. 


IHI5 


Gro, J. F. Clarke 


West River St. John's 








ar 


Elizabeth Tucker, adm 


n. 


Andrew Tucker 






24th Oct. 


1804 


230 






While 


1790 


complied with 


26lh June, 


1816 


<lo 


OppoNile Amelia 'stand 








as 


Robert Hutchinson 




Robert Hutchinson 






9tli Jan. 


1818 


150 






Coppinger 


1790 


complied with 


5ib Hay, 


1821 


U. S. H. Miller 


-t. John's River 








39 


Samuel Worthington 




Samuel Worthington - 






18tli March, 


1817 


100 






do 


1790 


none 


91, M,.v, 


1818 


G,o J.F. Isike 


St. M'Vv's River 








30 


Robert Hutchinson 




Robert Hutchinson 






12lh Dec. 


1815 


150 






F.slrula 


1790 


none 


12'l,Jan. 


1817 


D. .1. H. .Miller 


M, Job,.', Rivi-r 








31 


Francis P. Sanchez 




John Geiger 


29th July, 


1817 






600 






Coppinger 


1790 


none 


!6lli S..pl. 


1320 


Ainlrrs Korgcvin 


Pei.msn's ^wainp 








32 


John Christopher 




Spicer Christopher 


8th April, 


1809 






358 




.13i 


White 


1790 


none 


281 h April, 


1792 


Samliil Bi.slhike 


Newcomb Creek 








33 


Francis P. Sanchez 




Jno. Rafo 


28lh May, 


1816 






345 






Coppitgtr 


1815 


none 


41I1 ept. 


1820 


Geo. J. F. Clarke 


8o.ilhllai.k SI. John's 








34 


Heirs ot Lindsay Todd 




Lindsay Todd - 


1st July, 


1815 






600 






E-lrad, 


1790 


none 


19lli Dec. 


181)3 


JoliD t'lircell 


Moi(]uitocs • 








35 


Same 




Same 


Uth Feb. 


1817 






390 






Coppiflgi^r 


1815 


none 


21,<1 April. 


1817 


Geo. J. F.Clarke 


Ci-dar'-reck St. John's 








36 


Heirs of Thomas Travera 


Thomas Travers 


28Lh Sept. 


1S08 






125 








1790 




I81I1 Nov. 


1792 


SaniDcl Essllsko 


St Patrick - 








37 


Antonio Hinsman 




Antonio Hinsman 




9th Oct. 


1790 


240 






Qucsada 


Laws of Indias 


complied wiih 


.10!h Mai-, 


1793 


Jojiih Dupont 


tngiiey North River 








38 


Phillip Weadman 




Phillip Weadman 






5th July, 


1815 


150 






Esli^nds 


1790 


complied with 


-8d, April, 


1819 


Andn s llurgevi.i 


0.1 ti.o Pirolala Roarl 








39 


James Hall 




James Hall 






8th Jan. 


1818 


775 






Coppinger 


1790 


none 


21sl Julv, 


1SI9 


Geo. J. F. Clarke 


Iillinton Creek t. John's • 








40 


Heirs of E. Waterman 




Eleazcr Waterman 


22lh Feb. 


1816 






175 






do 


1790 


none 


ill, Ftb. 


1816 


do 


Waterman's Ul.lfi" • 








41 


Same 










irth Feb. 


1816 


270 






do 


1790 


none 


aOlh March. 


1816 


•lu 


H'Q..ren's Swamp • 








42 


Andrew R. Govan 




Thomas de Aquilar 


4th June, 


1817 






600 






do 


1315 


none 


15lh April, 


1818 


do 


()ra..ge Grove St. John's 








43 


v!'Douell and Black 




Andres Burgevin 






11th Dec. 


1817 


490 






do 


1790 


none 


27tli March, 


1818 


Itobl Sl-lfardy 


M, John's 








44 


Heir^ of Gideon Dupont 


Antonio Usina 8t J. Holzcndsrf 






15 Nov. 


1792 


400 






«U,K,.U 


1790 


compUed with 








Moultrie 








45 


Heirs of Geo. Fleming 




George Fleming 


5th April, 


1816 






980 






Coppii.lier 


1815 


none 


I6lh Nov. ' 


1818 


Andres Burgevin 


West Sr. John's 
Wc,t St. John's 








46 


Same 




Same 


8lh March, 


1816 






lOCO 






do 


1790 




16- h Nov. 




do 








47 


Gabriel W. PerpoU 




Gabriel W.Perpall 


12th Jan. 


1818 






660 






do 


1815 


none 


9tli iit:]^U 


1819 


do 


ll.g Mammock 
M.laoras 








48 


Same 




Joseph Bonelli - 






16th Ian. 


1790 


O'JO 






tVl.iie 


1790 


cotnplietl with 






do 









REPORT No. 1 — Conliiuied. 



NAME 
No. 


OF , 






oa„„r.a. 


...ess. 






.oT„„„,TTOrnoTa. 












„cce,a.r,o,onco.r,va. 






,„„.«. ....».>TS. 


o..a.».. c.a.„.^s. 


OB nov.t 


TITLt. 






Acres. 


lOOdths 




""„°i"™"" 












From. To. 


GENERAL REMARKS. 


49 


Gabriel W. Perpall - 


Gabriel W. Perpall - 


15th Jan. 


1818 




1 




Coppiiger - 


1790 


none 








Oir Matanzas - 








50 


Same 


R:imon Fuentia 


13lh Jan. 


1818 




335 




do 


1790 




131h Aus. 


181S 


Andrea Jlurfjevin 


Turnbull 








51 




Pedro Triay 






oOth Sept. 


1806 


8 




White 


1790 


complied M jih 








Out side horn works 








52 


Same 


Gabriel W. Perpall 


24th May, 


181 


* 


" 


535 




Kinilean - 


1790 


none 








Malanzas 








53 




Same 


23d May, 


181 






150 




do 


1790 


none 








East side Halifax river 








54 


Mariano Derla 


Andrew Pacetti 


23d April, 


180 


1 




166 


66J 


White 


1790 


none 


27th Apiil, 


1819 


Andrea Burgcvin 


Mosquitoes . . - 








55 


Same 


Jno. Capo - - " 


7th Sept. 


180 


4 




200 




White 


1790 


none 








North Kivcr . 








56 


Abhy Dexter - 


Geo. Petty 






51h April, 


1815 


200 




liinihJan - 


iryii 


none 


1st .May, 


1321 


Geo. J. F. Clarke 


Mount Royal - 








57 


Horatio S. Dexter 


William Barden 






17lli March, 


1815 


200 




do 


1790 


none 








M. Jphti's . 








58 


The heirs of P. P. Katio 


Francis P. Falio 


21st Nov. 


179 


1 




200 




Qiusala - 


1790 


nonei 








Nice, St, John's River 








59 


Joseph M Hernandez 


J. M. Hernandez 


28th May, 


181 


6 




800 




Cuppiiser - 


1815 


nonii 


7lhScpt. 


1318 


Robl. M'Hardy 


Grahams Swamp - 








60 


Same 


Ann Maria Hill - 






19ih AtiR. 


1811 


100 




E^iiaia 


1790 


nond 


loth Feb. 


1820 


Geo. J. F. Clarke 


Old Chimney's 










61 


Same 


Fernando M. Arredondo 






29th Dec. 


1817 


70 




Coppi Ker - 


1790 


none 








An Island ■ 










62 


Sair.e 


John U. Ferreira 


28th Sept. 


181 






375 






1700 


none 


2d Sept. 


1318 


nobt. M'Hanly 


Mataiizas 










63 


Martin Hernandez 


Martin Hernandez 


5th Oct. 


181 


5 




20 




ill, 


1790 


none 


lOlh May, 


1319 


Geo. J. P. Clarke 


St. Sahastian'a River 










64 


Same 




5th Oct. 


181 


5 




10 


25 




1790 










An Orange Gmve 










65 


Gabriel W. Perpall - 


John G. Montesdevca - 


3d Sept. 


181 


6 




5110 




CopiiiiBer . 


1815 


nont 


I7lh Aug. 


1818 


Andres Diirgevin 


Turnbull's Swamp - 










66 


Same 


Same 


3d Sept. 


181 


6 




280 




do 


1815 




















6r 


Mary Kunen . 


Mary Kunen - 






13th Nov. 


1317 


200 




do 


1SI5 


none 


20ih April, 


1818 


ttoht. M'Hardy 


Mosquitoes, Smith's Point ■ 










68 


Jos. M. Fernandez 


Michart Crosby 


8th March 


181 


6 




800 




do 


1790 


none 


41h Sept. 


1818 


do 


Malaii^.is 










69 


F. M. Arredondo, jr. - 


Prince, a man of color - 


9th Marcl 


, 181 


6 




1/5 




do 


r.'io 


none 








3 miles west St. AuRUStine - 










n 


Samuel Worthinpton 


Samuel Worthinicton . 






18ih March, 


1817 


100 




do 


17:10 


none 


9lh M.ay, 


1818 


Geo. J. F. Clarke 


'.t. Mary's - 










71 


Edward M. Wanton - 


E. M. Wanton - 






3d Nov. 


18111 


200 




White 


1790 




irih Nov. 


1819 


do 


St. John's River 










72 


Same 








3d Nov, 


1801 






clo , ■ 






17lh Nov. 


1819 


do 












73 


Mary Fontane 


Joseph Fontane 


4th April, 


18 


6 




495 




roiipinfcr - 


1815 


none 








Head of Moultrie Creek 










74 


Andrew Atkinson 


Andrew Atkinson 






29lh April, 


1793 


220 




li,i,.i.,ili - 


iro;) 


complied with 


i7tli May, 


1793 


Josiah IJnpont 


North River 










75 


William Walker 


Wdliam Walker 


16 Feb. 


18 


6 




175 




' ii|ipiiirer - 


17"0 




















76 


Heirs of Andrew Pleim 


Andrew Pleim 






lOlh Feb. 


1791 


500 




Q.;.;,l„U - - 


1790 


complied with 








Si. John's River 










77 


Phillip Enabara 


Philip Embai-a - 






51 h Jan. 


1807 


100 






1790 


do 


Ulh March, 


1817 


Uobt. M'Hardy 


West of the Ferry ■ 










78 


Heirs of William Pengree 


Winiain I'engree 






29ih Jan. 


1-9! 


1000 




(Juraaih - 


Laws of liidias 


none 








Doctors Lake 










79 


Hebecca Pengree 


Rebecca PeoK^ee 






9lh Jta)> 


1793 


501) 




Wliiie 


1790 


none 








^t. John's River 










80 


Sarah Petty 


Thomas Itodgers 






5tll Sept 


lSu-1- 


50 




do 


179) 


compied with 








Little Orange Grove - 


1793 


1821 






81 


Same 


John Houston - 










2il0 






!7'0 




13lh April, 


1793 


SamI Eastlake 


.*t. .Mary's River 


1792 


1821 






82 


Same 












200 






179.) 




301 h March, 


1792 


Same 


lliirll ^'ounl . 










83 


Jos. Summerall - 


Jos. Summerall - 










15*1 




. 


179 J 




llth March, 


1792 


Same 


Williams Creek 










84 


Same 








28th April, 


1792 


200 




ftiicsada ■ 






















85 


Same 


James Clarkworthy 






, 




300 




1 _ . . 


1790 


iioee 


Ulh N-ov. 


1791 


SamI. Eastlake 


Sekey's Bluff 










86 


Wilhamand Jno Lofton 


John Loflon - 










350 






1790 




Feb. 


1792 


Same 


•^t Johns's Baptist, • 










87 




John Lotion jr. - 










3.i0 




j . . ■ 


1790 




24lh Feb. 


1793 


Same 


Lofton 










38 


Pedro Trope - 


Maria OrteRa - 






15th March 


1803 


150 




1 White 


1790 


none 








Mosquitoes - 










89 


Daniel C.Hart - 


Daniel 0. Hart - 






8th Jan. 


1818 






'-'oppiii^er - 


1790 




















90 


Geo F. and Oliver Palmes 


Francisco Meillcis . 


15th F-b. 


18 


6 




215 






1815 


none 


12th Sept. 


1816 


Bobt. M'Hardy 


St. Dieffo Plains 










91 
92 


Heirs of A. E. Ferj^nson 


Arrhemas E. Ferfifuson 


5ili Oct. 
7lh Oct. 








51.7 


3:1^ 


EiliMila 


17110 


none 








Sancoucy 
Turkey Bluff 








93 
94 


John Gianiipoly 
Same 


John Gianopoly 




Glh Julv, 
li'Jiirie, 


179? 
1807 


'ill 




tVhiie 
do 


1790 


none 


29tli Oct. 
2d Oct. 


1819 
182J 


Andres Uiirffewin 
Gainalion Darling 


.St. Marcos Lake 
Near the city 










95 


Heirs of A Monlero - 


A. Montero 






23-1 Jan. 




25 


, 




1790 


none 


2d Oct. 


1823 


do 


do - - - 
King's Road . 








96 


Keuben Charlea 


Lewis ichof.eld 








170l> 


100 


1 


do 


1790 


none 

















I 1 



KEPOBT No. 1— Contiuued. 



~"~ 


NA. 


E OF 


















~1 















• 


No. 






— DATS OV TH 


t NTZHT 


M»B 0> CO«C 




dOABTlTr or u«u 




AUTUon.TTonnoTAt 




1 










0CGVr4'''l01t 


. ciTiy.. 






'"""""■-"• 


"■•""""■'■""• 


"' '"'" 


TIIW. 


™oi.».aorso.vz.'. 


Acres. 


lOOdths. 


a.w.o,co,o„s.. 


^«"'"£"^'''^" 


C0SDITIOS3. 


DiTL 01 SO 


"'■ 


"""°" "'"""■ 


w..„...,ta„a. 


From. 


TO. 


GRNEBAL BEUARK9. 


97 
98 
99 
100 


Uart. de Caslro y ''errcr 


Bart. (1- rtilro y Ferre 


■ lOlh April. 


1817 






35 




Coppiiiger 


1790 


none 










Si. Palbo 








Francisco P. Siinchez 

Sarah I'etty - 

Heirs of Thomas Travers 


Bait.F.gu^raa 
Geo. LofijJ 
Thomas Travers 




2rih Sept. 


leus 


Wlh.VJarch 


lSlt7 


25 
266 
1000 


3 


H 


White 

White 




1790 
1790 


complied wilU 


9lh April, 


1793 


Josiah Dnpont 


MoiiUrc 
St. Gf orge 
St. Thomai - 








101 


Some 


Same 




- 2rih Sepl. 


1808 






172 






do 




1790 


none 










■St. Palrick - 








102 


John Gianaply 
Seymour Pickett 


Domiiiffo Segui 








18th Jan. 


1805 


10 






do 




1790 


complied 


vith 


6lh Oct. 


1823 


G. Darling 


Near the cily ■ 










Seymour Pickelt 










3d^£pl. 


1803 


350 






do 




1790 


do 




lOth May, 


18J4 


JohiiPurccll 


^'oitiuitotn ' 








104 


Heirs of" Henry Marlin 


Henry B. Martin 










3d"-ept. 
30tli Dec. 


1803 


408 






do 




1790 


do 










do - . - 








105 


Uobt-rt Shepherd 


Robert Shepherd 










1803 


100 






do 




1790 


do 










do ... 








106 


Ksbert Walker 


nobert WaiTcer 










14lh July, 


1803 


100 






do 




1 90 


do 










do . - . 








107 


Pedro Cocifacio 


Pedro ' ocifacio 




12th Oct. 


18 


J 




523 










1790 












St. John'a Itivcr 








108 


Giibriel Priest 


■lohn .M. Fontaiie 










5th Jan. 


1816 


500 






do ^ 




I8I5 












Black Cr*ek 








109 


Edward M. Wanton - 


Edward M. Wanton 










25th Nov. 


1817 


300 






Coppingep 




1815 


none 




17ih Nov. 


1819 


Geo. J.F. CUrke 


Si. John's River 








110 


Same 


Same 










25th Nov. 


1817 


300 








1815 


none 




17lh Nov. 


1819 


do do 


do do • - 








111 


Bernardo Segui 


Estevan Arnaw 










17th Nov. 


1815 


300 






Estrida 




1815 


none 




7th Oct. 


1818 


Robert M lla«ly 


Halifax River 








112 


John Bunch • 


.r.jhn Bunch - 










lllh Aug. 


1804 


2160 






While 




iryu 


none 




5th June, 


1823 


Andres Uurgevm 


Mosquitoes . 








113 

114 


Heirs t>{ F. X. Sanchez 
John B. Eiitraljjo 


Fran. X. Sanchez 
John B. Entralgo 




15lh Nov. 


18 


7 


8th July, 


1802 


20 
1000 






do 
Cop)>ingcr 




•1790 
1815 


Sone 




9Mi Sept. 


I8I9 


Andres Burgevin 


We?t 3t. John's Uiver 








115 


John D. Vaughan - 


.iohn D. Vaughan 














900 














8th Dec. 


1816 


Geo. J F Clarke 


Loriuiia Creek 


1816 


i»;4 




116 


Widow & heirs of IT. Bowden 


Uriali Bowden 




irth,April, 


18 


J 






200 






Kindelan 




1790 


none 




22d Uoc. 


1791 


Saml. Eastkke 


SI. J.lin'i, St. ^ntbony 


18U 


1824 




iir 


Heirs of Thomas Travers 


T. Travers ass. of T. 


terlrg 








nth Oct. 


1803 


750 




^ 


While 




1790 


comphed 


vith 


9lh Jan. 


1792 


do da 


GIorei,S(.Jobn'» 








118 


Shadrick Standley - 


-hadrick Standley 








20 Oct. 1817, 




300 






Cop pinker 




181.'; 






10th Dec. 


1817 


Geo. J. F. Clarke 


St. v»arv'a Hirer 


l«n 


1834 




119 


Francis P. Sanchez 


Divid S. H. Miller . 








181h March, 


1817 


250 








1790 


none 




3d May, 


1817 


Same 


M'Gru Creek 








120 


Francis J. Avice 


Aysick, a man of color 






lOlh Nov. 


1803 


115 






While 




1790 


none 




14th June, 


1821 


Andres BtirgcTiD 


M.itant.tS 








121 

122 


Job. M. Hernandez - 
James Sc Emanuel Ormond - 


Jos. M. Hernandez - 
AVidow & heirs of J. Ormond 


23d April, 
18th April, 


1817 
1816 


lOlh Feb. 


1816 


455 

20U0 






Coppinper 




1815 
1790 


none 




4tb Sept. 
19th Feb. . 


1818 
1816 


Hobt. M'lUrdy 
Same 


Good Luck • 
Uaniielta, Motquitoe 


1810 


1834 


No evidence to prole tko lateriennce with * Britiih ftruit. klthoush IS 
tuMbcciiiuggesledi tRiefore, conHrmctL 


123 


Mary Ann Davia 


Pedro Fornells 






18th Jan. 


1805 


175 






White 




1790 


complied 


»ilh 








Kt-y Biscavne 








124 


John D. Vaughan 


John 1). Vaughan - 






4th ', arch. 


1797 


2.50 










1790 






14lh Dec. 


1807 


John Purccll 


Ameli.. I-Utxl 








125 


Gabriel W. Perpall - 


Jose B. Keyes 






6th F. t. 


1805 


16 






Same 




1790 


complied 


villi 


IStli Feb. 


1819 


Andrea Borgevin 


St. SabiuiiuTis Creek 




1834 




26 


B. de Castro y. Ferrer 


Jolin M'Queen 




2rth Feb. 


1804 






2266 


66S 


Same 




1790 






3u Feb, 


1792 


Saml. Ea:jtlake 


St. Pablo Creek 


1809 





The Board are unanimously of tlie opinion that t o cases herewith reiiortcd were valiil .Spanisli grants raailc pre 



iisly to the 24th of January 1818, and therefore cooftrraed them to the claimants. 

St. AuousTiiiB, DemiibertS, 1884. 



DAVIS FLOYB, 
GKO. MUftBAY, 
W. U. AIMN. 



I I 1 



yw. RErOIlT— No. % 

Register of Claims to land not exceeding 35oo aores, which have not been confirmed by the Commissioners for East Florida, but which are recommended by them for confirmation by Congress. 



— 


NAMES OF 














— — === 






|occ.r.x,o...c„„.„„,o. 




(D 




r.'z:r::^ 


',r 


"o" o""o'."u" »; 






™"~r""" 


"■""""'""■ 




" """^ '"'"'"" 






GENERAL BBMAKK9. 


1 


,„..„, 0........ 


oai.i... C...K.,T. 


Acres. 


lOOtUhs 




From. 


To. 




1 


Georfre Atkinjrson 


Gc-orge Aikingson 


Mireh 8, 


816 




1060 




Coppiiiger 


1815 




Oct. 30, 1815 


Geo, J. F Clarke - 


Spells Swamp 








2 


Francis P. Sanchez 


Thomas Aguilor 




Dec. 7, 


817 




2000 




do' 




1815 


do 


Sept. 9, 1819 


A. Uursevio 


Ukc;U'\vaha 










3 


Same 


F. M. Arredondo, Sen- 




Dec. 13, 


817 




2roo 




do 




1815 


do 


April 2, 1818 


Geo. T. F.i:larke ■ 


Dunn's Lake 










5 


Philip R. Yonpe - 
Jno. Forbes & Co. 


Philip R. Yonge 
Catalina Chicken 




Jan. 26, 
May 4, 


804 


23d Feb. 1815 


20O0 
1809 




do 
White 




1-90 
1790 


do 
do 


Nov. 4, 1815 


Geo T. F. Clarke - 


12 Mile^wamp 
Pablo Cretk 










6 


John Forbes 


John Forbes 




July 28, 


814 




3000 




Kinilelin 




1790 


do 


Oct. 20, 1816 


Geo.T. F. Clarke . 


Cabbage Swamp 










7 


Tlio. BripRfl and John Robinson 


Francis Kerr 




Feb. 5, 


81.5 




1800 




Coppiiijjer 




1790 


do 






Hidif«x River 








8 


Jno. B. Entralgo 


John B. Entralgo 




Nov 15, 


air 




2000 




do 




1S15 


do 


April 10, 1818 


(;eo. T F. Clarke - 


West Sl.John'a River 








9 


Same 


Pedro Miranda - 




Sept. 16, 


817 




3400 




<lo 




1815 


do 


April 5, 18:i 


A. Burgevin 


5 mllea So. Lake George - 








10 


Agueda Sepui Ex. 


Heifs of Ber. Segui 




July 20, 


816 




1200 




do 




1-90 


do 


Jao. 8, 1819 


A. Burgevin 


near Pablo 








n 


Heira of A Furguson 


Heirs of A. Furguaon 




Oct. 5, 


811 




1150 


33it 


Estrada 




1790 


do 






Doctor's Creek 








12 


I'edro Cocifacio - 


Pedro Cocifacio 




Oct. 12, 


815 




2000 


. 


do 




1-90 


do 






20 miles N. St Augustine - 








13 


Same 


Same. 




Oct 12. 


815 




2000 




do 




1790 


do 






nio Hondo 








14 


G. W. Ferpall - 


Gab. W. Perpall - 




Feb. 22, 


817 




1340 




Coppingep 
Esirada 




1815 


do 


April 15, 1818 




Opposite Rolls Town 








15 


G. F. & Olivep Palmes - 


Robert McHardy - 




July 3, 


815 




999 


66" 2-3 




1790 ■ 


do 


. 




Tiirnbull's Swamp 








16 


Robert Gilbert 


Robert Gilbert 








March 1, 1798 


100 




White 




1790 


do 






Matanzaa 








17 


Joseph Wales 


Joseph Wales 








Oct. 8, 1817 


2375 




Coppingef 




1790 


do 


July 25, 1818 




M'Dougnra Swamp 











Tlio Board are unanimously of the opinion that the cases herewith reported were valid Spanish grants made previous to the 24tli January, IS 18, and therefore recommend the same to Congress for coiifirmalioii in favor of Claimants. 



DAVIS FLOYD, 

GEO. MURKAY, 
W. H. ALLEN. 



18 Henry Eckford 


- Sam. Betts 


19 Jos. F. White 




20 Same 


Same 



1000 I 
II1800 

il'200O 



These cases were omitted at the time of writing the above certificate, though it applies equally to them. 



DAVIS FLOYD, 
W. H. ALLEN. 



\ 



«r H 



Ill— Xx 



REPORT No. 4. 



Hegister of Claims to Land founded on Patents or Royal Titles derived from the ^^panish Govemmt-nt, dated subsequent to the 24th of January, 1818, but which arc founded on concessioner order of survey, da:ed previous to the 24th of JauviHr\, 

1818, and arc therefore couUrraed. 



Jose R. Reyes - 
Francis T. Fatio 
Jolin HouBton - 
Isaac W. Hendricks - 
H^irs of Nicholaaa Gomez 
G. W. Pcrpall - 
John Houston - 
Ssmc 



B, de Caatpo y Ferrer 
F. p. Folio 
John Houston - 
William Henr'ricks 
Nicholasa Gomez 
Diego Carraras • 
John Houston - 



6lh July, 

12th April, 

27lh Febniapy, 18] 

8th May, 

5Lh November, 18: 

19tl)June, , " 

27th February, 18: 

27th February, 18 

Gth November, 18 

38lh February, 18 



I6ih Feb'y, 
16ihFeb'y, 
28th May, 
24lh Jaii'y, 



IT'-'O 

iryo 

U90 



Complied with 



1st March, 1813 Andrew Durgevin - 



2d May, 1816 

2d May, 1816 

4th Sept. 1518 

16th June, 1818 



Geo.J.F Clarke 
Andrew Burgevin 



GKMKKAI. REMARKS. 



The above cases arc founded on concessions made previously to the 24th of January 1818, and although the Rojal Titles arc subsctjuont to that date as the" conditions have been complied with, the Board have, thcrcfopo, confirmed the same to the claimants. 

St. Augustine, Becemhcr 29tk, 1824. 



DAVIfi FLOYD, 
GKO. MURUA.Y, 
W.U.ALLKN. 



Hoc. Ill— K J. 



REPORT, No. 5. 



Register of Claims exceeding 3,500 acres, founded on Patents granted by the British Goyernment, and which have been recognized as valid by the Spanish Government,and are 

recommended for confirmation. 



No. 


,^B0, 


'"izr:^:::" 


!r:zrz":"Z: 




0, ..„,..„«.„.. 


rEHE™ 


...„.„., 


-«»'°""" 




„.„.„.,„„„.., 


— :r„.r™"- 






,..»,x e..,„.,.. 


„.,„.».. c^.»^x. 


„„.. 


lOOillhs, 


From To 




1 
2 


Sophia Fleming, & Wm. Gibaon 
Francis P. Fatio 


Robert Paris Taylor 

Francis P. Fatio, deceased - 


18lh April, 1771 




10,76i 
10,000 




Governor Grant 




r:^ 


29ili March, 1793 
2JihNuv. 1791 


James Dupont 
Samuel Bastkke 


N.saau Biyep . 
New SwUzerlund . 


'1733" "1824' 


The right to thia land was recognized by the Spanish Gov't, ami ordered to besunreycd in 1793. 
This grant was cecof^mied by the Spanish Gov't, in the year 1791, and surveyed to grantee- 



It is in (iionf before the BoaiU tliat the ahove Claims have been rccogiiizeil by the Spanish Government, they are, therefore, recommended for confitmation. 



DAVIS FLOYD, 
GKORGE MURRAY, 
W. H. ALLKN. 



i« 



"•-"=" REPORT No. 6. 

Register of Claims not exceeding 3,5oo acres, founded on Patents granted by the British Government, and which have been recognized as valid by the Spanish Government, and are confirmed by the Board of Land 

Commissioners for East Florida. 



■ 


NAMES OF 


""°";iS°""" 


oT„i.°:r„:=: 


.,.,.„, or „.B 


— 


.lulhority, or rotiat 
oiicession was granted 


.0„„.„«. 


»-"—• 


™— • 


,.„„„„... 


occ„...„,..c,..,v...o,. 




GENEBAL BEUARKS. 




i 


rBKSXHT CIiUXAXT. 


0„«..„C„,„,X. 


Acres. 


lOOJtha. 


From 


To 




1 

2 
3 
4 
5 
6 
7 


HeinofF. P. F&tio 
Same ... - 
Same .... 
Heirs of Thorna» TraTere 
Job. Rain and Wm. Bailey 
Wm. and John Lofton's heirs . 
DuQcan L. Clinch 


Francii P. Fatio 
Judith Shivers 
David Courvoisie 
Jumes Perman 
Frederick Rolf 
Cornelius Rain 
Wm. Penn 




28lh March, 1775 
16lh June, 1782 
10th Januiry, 1772 
4lh January, 1768 
ISth Dec. 1792 
1768 
ISth July, 1769 


19lh Ilec. 1772 - 


500 
200 
700 
300 
1,000 
200 
500 




I'onyn 
Sume 

Moultrie - 
Grant 
do- 
do - 
Grant 


l.,iwsolEiiKl»nd - 


none 


16th Febru:.ry. 1775 ' - 

20th May, 1782 - 

9lh January, 1772 

2d Septeoiber, 1767 

15 Feb. 1773, 6 April, 1793 

20th April, 1769 


Fred. G. Mulcaster 
Benj. Lord 
F. G. Mulcaster - 
R. S.DeBrahnv - 
Jno. Funk, Josiah Dupont 

R. S De Brahm - 


E. side Miixwell's creek . 
St. Sebastian creek 
New Castle, St. Johns 
Smil^ea W. Si. Augustine - 
Trout creek 
N. W. branch Nassau 
12 mile Swamp 


1798 


1790 


The papers t 


e so mutil&led by time as to be difEcult to read. 


They prove posieuion. 



n ia in proof, before the Board, that the above claims, founded upon British Grants, have been rccogiii7.c(l by the Spanish Oovcrnmcnt, anil they ar». tlirrcfore, conflrmrd to the claimants. 



St. Augcstinb, December 29, t824. 



DAVIS FLOYD, 
GEO. MUBRAY, 
W. H. ALLEN. 



ui-Aaa RErORT— No. 7. 

Register of Claims founded on written evidence of title derived from the British Government, which, in the opinion of the Commissioners, do not appear to have been recognized by the Spanish Government, 



- 


NAMES OF. 












olZlZlllZTu 










occoea..o,u.co.T.,a,.o,. 




5 


' 


c„,„.„ .„,„.„.. 


°"°""""™- 


rv.r °' 


""° 


Acres, 


lOOdths. 




OKANTED.'^^^"*^ ^''^'^ 










From. 


To. 


GEtlERAL REMARKS. 


J 


S. Pierce ami wife, and other 


































heirs of W. Mills - 


WUIiim MUIi - 




May, 1767 






300 




Corernov Grant 


Laws of England - 


None 


I4tli Nov! 1765 


W G. De Brahm - 


St. Mary's River 








2 


Same 


S&me 




11th Feb. 1767 






250 






(ifiUlt 


do 


do 


2Sih July, 1768 


do do 


Nassau Kiver 








3 


Hannah Drayton 


William Drayton 




27th March, 1775 






1000 






Tonyn 


do 


do 


20ih February, 1775 


Jno. Funk, deputy - 


65 miles N. W. St. Augustine 










do do ■ - 


do do 




51h Oct. 1772 






too 






Lt, Guv. Motiltric - 


do 


do 


18th May, 1771 


do do 


MantanxaB 








5 


do (Jo - - 


do do 




5(h Oct. 1772 






100 






do do 


do 


<lo 


8ili Septeni. 1772 


do do 


Mantanzas 








6 


do do 


do do 




22d Hay, 1772 






200 






do do 


do 


do 


18il. May, 1771 


do do 


Mantanzas - 








7 


do do - - 


do do 




22d May, 1772 






300 






do do 


do 


do 


22d .May, 1771 


do do 


Mantanzas 








8 


do do - - 


do do 




18ih April, 1771 






100 






Rovernor Grant 


do 


do 


19lh Dec. 1770 


Andrew Way, 


Cowpen creek, Nassau 








9 


do do - 


do do 




9th August, 1770 






500 






Grant 


do 


do 


1st Sept. 1769 


do do 


Cowpen creek, Nassau 








10 


do do - - 


do do 




9th August, 1790 






500 






ilo 


do 


do 


2(1 Seplem. 1769 


do do 


t^owyen creek, Nassau 








.11 


do do - 


do do 




1st March, 1769 






250 






do 


<lo 


do 


15lh Feb. 1769 


Jno. Funk 




8 miles W. St. Augustine - 








12 


do do - - 


do do 




3lEt March, 1769 






50 






do 


do 


do 


Ulh Feb. 1769 


do 




8 miles W.St. Augustine - 








13 


do do - - 


do do 




13th Oct. 1768 






1(10 






Soliciler genl's Fiat 


do 


do 


do do 






5 miles N. St. Augustine 






The warnnt ofsurfey bean d»(c 'J'U June, 1767-— Gov. Oriui. 


14 


do do - - 


do do 




4th Oct. 1768 






1320 






do 


do 


2d August, 1767 


John Funk 




Island on Lake George 








15 


4j* do - - 


do do 






22djune, 


176 


100 






Grant 


do 


do 


Lost 






Head St. Sebastian's creek - 








16 


db do - • 


do do 






3d June, 


176 


500 






do 


do 


do 


do 






St. Mark's Pond, N. End - 








17 


do do - - 


do do 






19th Sept. 


176 


lOOO 






d'l 


do 


do 


do 






East shoi-e Indian River 








18 


Nicholaa Turnbxill nnd olhcra - 


Andrew Turnbull 




I6th Februarj., 1771 


, 




300 








do 


do 


18th J.in. 1767 


John Funk 




Hillsborough River - 








19 


do do 


do do 




16th February, 1771 






1300 






do 


do 


do 


4lli Jan. 1771 


do 




Spii.co cieek 








20 


do do 


do do 




29th April, 1771 






1000 






do 


do 


do 


2011. April, 1771 


James Delai 




Pablo creek - 








21 




do do 




15th June, 1767 






200 






ihi 


do 


do 


20lh Jan. 1767 


John Funk 




St. Sebastiai's creek 








,22 


do do 


do do 




18lh October, 1774 


5th April, 


177 


10,000 






Tonvn 


do 


do 


do do 






S. side south fork, Nassau - 








23 


do do 


do do 




2Ist Jan. 1775 






100 






do 


do 


do 


24ih 1774 


Jno. Funk 




2milcs from Cowpen 








24 


do do - - 


do do 




11th Feb. 1775 






50 






do 


do 


do 


2d Jan. 1775 


do 




llahfax River 








25 


do do - - 


do do 




ISth Oct. 1774 






100 








do 


do 


811. June, 177J 


do 




E. side Hillsborough 








36 




do do 




17th Jan. 1767 






20.000 






Gr.(nt 


do 


do 


1511. Ja... 1767 


do 




Mosquitoes . 








27 


do do - 


do do 




18th July, 1769 






lOOO 






<lu 


do 


do 


29lh A.igust, 1768 


Jno. Davis 




60 miles south St. Augustine 








38 

29 




do do 




27tli March, 1775 






3,600 






Tonvn 


do 


do 


7th Maich, 1775 


Jno. Funk 




Sugar Island - 








do do - - 


do do 




18th Feb. 1771 






250 










do 


20th Feb. 1771 


do 




Temonca creek 

Temonca creek 

W. side Temonca creek 

Lake Dartmouth 

Great Fork, Nassau River - 

P.. side Lake George 

Middle Urunch, Nassau 

Nassau River 








30 
31 

32 
33 


do do - - 

do do 
nobert Herbey and others 
Juo. Holland and wife ■ 


do do 

do do 

Mftry Turnbull - 

JaneTuPnbuU - 




16lh Feb. 1761 
16th Feb. 1771 
51h May, 1769 
16lh Feb. 1771 


9tli Augus 
nth Oct. 

15tli Ma}', 


, 177 
177 

176 


200 

200 

5000 

9 5000 






do 
do 
do 


do 
do 
do 
do 


do 
do 
do 

do 


41h Jan. 1771 
4lh Jan. 1771 
27tli Feb. 1769 
1.HI. April, 1770 


do 

do 
W. G. De Brahm . 
James Delaire 








34 
35 


Nichol TuinbiUl 
E. H. Buy und wife 


Nichol Turnbull 
Margaret Turnbull 




5lh Hav, 1769 
February, 1771 


13ih Scplen 
5lb May, 


. 176 
176 


S 5000 
:> 5000 






Solicitor general 


do 
do 


<lo 
do 


Ist Feb. 1769 

16th Jan. 1770 

du do • 


Jno. Funk - t 
James Delaire 








36 


James Mai-shali 


Abr&llatn Marshall 




18th Oct. 1774 


3d May, 


177 


3 500 






Monllrio ■ 


do 


do 













Wc have duly examined and considered tlicsc claims. It does not appcitr that they were rccnt^iii'.fi( 
proof in all the cases hciewitli ic|ioited. with the exception oC two (Picice and wife fiU' two ti",tcis.) tliai tin 
feel themsfslvt's called on to express any opinion upon tho merits or equity of theso claims, lljcy catmut tlust 
the British Governraent. 



St, AvGFSTiNE, Dfociiiiifi' 29, 18'!4. 



• tlie Spaiiisli Gnvcrnm 
sent (hiiiiiiiiils ate <:ili! 



Ti(; and we 
■nsofthitU 



; therefore of opinion, tliat, at tlie period of the 



of the Pi-ovincc to the United States, the memoriilisU had not a falid claim against tho Spanish eovernment. II is In 

led Stnte, and tliat neither tlicv nor those uniler whom they claim, have over received any compensation from tho British Government. Although the Cimmissionors dit not 

ny of ',e ancestors of itpriso,' .'claimants entSarked in o„r Lvoltttionary stmsglo, and by that act deprived themselves of the ri,,ht to claim compensation lor the.r land, from 

DAVIS FLOTD, 
GEO. MURRAY, 
W. H. ALLEN. 



-Bbb REPORT No. 8. 

Register of claims derived from the Spanish Government by written evidence, undefined in quantity, and are ascertained to be valid, and which are recommended to Congress for confirmation. 



- 


NAME OF 


-----r 


— -"„-»-■ 


ao.,x,„o„.,o. 


„™„co.,c.n.n 


rlTcol'ZlTZl 


co.n.x.o,s 


DTWUOM SCILV£t'b. 




,„.a.s...... 


°™^.°r""- 


GENERAL BBUillKS. 




No. 


FIMMT CL».«1,TS. 


o...,!.»L ctimirra. 


Acres. lOOJths 


From. 


To. 




1 

2 
3 
4 


John H. Mcintosh 
Francii P- Sanchez 
Gabriel W. PerpaU 
Same 




Jno. H. Mcintosh 
Roque Leooardy 
Joseph Hughes 
Thomas Travcrs 


22a Nov. 


1792 


18th May, 
24th Nov. 
34th Jan. 


1803 
1792 
181S 


undefined 
do 
do 
do 


White 
Quesada 
Coppifiger - 
Quesada 


1790 
1790 
1790 
1790 


complied with 


Geo. J F. Clarke 
Andres Burgevin 


2d Dec. 
28i.h April, 


18ir 
1319 


Marrats Island 
North Kiver - 
Smalt Island Matanza 
St. SebaatiRn River - 






- 





The Board have e»m>Ded the above cases and ascertained them to be valid Spanish grants made previous to the 24th January, 1818, but as they are nndeBned in quantity, unanimously recommend them to Congress for con«rmation. 
St. Augustine, December 29«/t, 1824. 



DAVIS FLOYD, 
GEO MURRAY, 
W. H. ALLEN. 



' ■"» »■ [ 



ui-ccc. REPORT No. 9. 

Register of Claims to town lots, and out lots, founded on actual cultivation an4 improvement previous to the 22d of Feb. 1819, for which Certificates of confirmation have been granted by the under- 

signed Commissioners. 



14lh Nov. 1814 



Geo. J. F. Clarke 



1814 1824 



GENERAL REMARKS. 



The above case 



has been duly examined by the Board, and ascertained to be avalid concession without condition previous to the 24th January 1818, butthe royal tiUe after that date; the Boaid theiefore confirmed to the claimant. 



St. Abgustine, Dec. 29, 1824. 



DAVIS FLOYD, 
GKO. MUBRAY, 
W. H. ALLKN. 



J}oe. Ill— Sdd. 



REPORT No. 10. 



Register of Claims to land not exceeding 64o acres, founded on actual inhabitation and cultivation, previous to the 22d of Feb. 1819, for which Certificates of confirmation have been granted by the 

undersigned Commissioners. 



e 


NAMES OP 


— — ::°"""" 


itiizzT::^'::^ 


an.»„„.p..»„. 


■~ 


,'}iithority, or royal 


.0»...„.. 


»...o, »»..„. 


"— ■ 


,.„.s„,...„. 


.cc.,.,.o»e.co.T.vA.,.,. 




^ 


"— "— 


— 


Acres. lOOdtlis. 


From To 




1 
2 
3 


Antonio Canovas, Jun. 
James James 
James Riz and others 


Antonio Qanovas, Jun. 
James James 
Wijiam Biz 






640 
640 
640 




Oct. 1824 
Same 
Same 


Complied witli 
Same 
Same 


3Ist Aujr. 1824 - 
Same 
Same 


Ede Van Evour 


4 miles S. St. AuRustine - 
S. Bide JulinRton Creek - 
Picolata St. John's 


1818 1824 

1819 1824 
1821 1824 


Reported to Congress with the evidence. 
Reported to Congress with the evidence. 



It is in proof, that the claimants in this report occiipieti, anil cultivated tliclantl previous to the arth of Fob. 1819, antl lliat tliey continucil to occupy and cultivate them up to the time of the cession, and they are therefore confirmed to the claimants. 

St. Augustine, December 29, t824. 



DAVIS FLOYD, 
GKO. Mill." RAY, 
W. H. ALi-KN. 



